Boominathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE P.DHANABAL Boominathan : Petitioner Vs.

1.The District Collector, Ramanathapuram District.

2.The Superintendent of Police, Ramanathapuram District.

3.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and second respondents to permit the "KAPPU KATTU" function conducted by Vellambal Village people on 27.10.2023 at Koorangkottai Tharma Muneeswarar Temple through devotees used route of Vellambal village to Keela Allikulam Village, Keela Allikulam village to Koorangkottai Tharma Muneeswarar Temple. 1/5

For Petitioner : Mr.R.Udhayakumar For Respondent No.1 : Mr.A.Baskaran Additional Government Pleader For Respondents 2 & 3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

************ Heard both sides.

2.The writ petitioner wants to conduct the petition mentioned religious event at Koorangkottai Village on 27.10.2023. The petitioner and his villagers intend to go on a convoy on the said date. The third respondent wants the petitioner's convoy to avoid Allikulam Village. Since the petitioner is insisting that their convoy will go through the said village and the third respondent is not amenable to the said request, the present writ petition came to be filed.

3.We heard the learned Counsel at length. We are satisfied that the objections of the third respondent must be upheld in view of the special facts and circumstances of this case. The learned Additional Public Prosecutor points out that Thevar Jeyanthi is to be celebrated on 30.10.2023 and that therefore, it would be difficult for the third respondent to provide bandobast to 2/5

the petitioner's convoy if it passes through Allikulam Village. The third respondent is not preventing the petitioner from conducting the aforesaid religious event. The respondents only want the petitioner's convoy to take an alternate route through Sayalkudi Village. We uphold the stand of the respondents. The third respondent will intimate the petitioner in writing about the alternate route today itself.

4.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

[G.R.S.,J.] & [P.D.B.,J.] 26.10.2023 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Ramanathapuram District.

2.The Superintendent of Police, Ramanathapuram District.

3.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

and P.DHANABAL, J.

MR ORDER MADE IN 26.10.2023 5/5