Rajamohan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Rajamohan ... Petitioner Vs.
1.The District Collector, Nagercoil, Kanyakumari District.
2.The Superintendent of Police, Nagercoil, Kanyakumari District.
3.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.
4.The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District.
5.The Block Development Officer, Rajakamangalam Block, Pazhavillai, Kanyakumari District.
6.E.Rajendran ... Respondents 1/8
(R6 is impleaded as per the order of this Court dated 23.12.2022 in W.M.P.(MD)No.22920 of 2022 in W.P.(MD)No.28527 of 2022) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 4 to grant permission to conduct the "Sriman Narayanaswamy Thiru Nillal Thangal Thiruadivasupu Festival" on 23.12.2022 to 09.01.2023 at Pillaiyarvillai, Rajakamangalam, Kanyakumari District with light and sound and further directing the respondents 2 to 4 to grant permission to conduct the spiritual program "Ayya Eyathera Vaganthil Pavani Varthul" on 08.01.2023 at 11.30 p.m. in the festival of "Sriman Narayanaswamy Thiru Nillal Thangal Thiruadivasupu Festival" at Pillaiyarvillai, RAjakamangalam, Kanyakumari District with light and sound and fix the Arch in the entrance of village and to provide necessary police protection. For Petitioner : Mr.J.Vishnu For R1 to R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R6 : Mr.P.T.Ramesh Raja
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 2 to 4 to grant permission to conduct the "Sriman Narayanaswamy Thiru Nillal Thangal 2/8
Thiruadivasupu Festival" on 23.12.2022 to 09.01.2023 at Pillaiyarvillai, Rajakamangalam, Kanyakumari District with light and sound and further directing the respondents 2 to 4 to grant permission to conduct the spiritual program "Ayya Eyathera Vaganthil Pavani Varthul" on 08.01.2023 at 11.30 p.m. in the festival of "Sriman Narayanaswamy Thiru Nillal Thangal Thiruadivasupu Festival" at Pillaiyarvillai, Rajakamangalam, Kanyakumari District with light and sound and fix the Arch in the entrance of village and to provide necessary police protection.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 4. Mr.P.T.Ramesh Raja, learned counsel takes notice for the sixth respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Sriman Narayanaswamy Thiru Nillal Thangal Thiruadivasupu", is going to be held from 23.12.2022 to 09.01.2023. Subsequent to the same, in order to conduct a spiritual program of "Ayya Eyathera Vaganthil Pavani Varthul" on 08.01.2023, 3/8
they sought permission of the police by giving a representation dated 14.12.2022. But, the respondents 1, 2 and 4 have not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.
4. The learned Additional Public Prosecutor appearing for the respondents 1 to 4 would submit that the respondents 1, 2 and 4 have received the representation of the writ petitioner and the same is pending for consideration.
5. The learned counsel appearing for the sixth respondent has raised objections to allow this petition.
6. I have considered the submission of the learned counsel appearing for the writ petitioner, the learned Additional Public Prosecutor appearing for the respondents 1 to 4 and the learned counsel appearing for the sixth respondent.
7. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc. 4/8
007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the fourth respondent is hereby directed to consider the representation of the writ petitioner, dated 14.12.2022 and pass suitable orders within a period of two days from the date of receipt of a copy of this order based on the above said circular.
8. At the time of passing orders, the fourth respondent is directed to take note of the objections raised by the sixth respondent.
9. With the above direction, this Writ Petition stands disposed of. No cost.
23.12.2022 Index :Yes/No Internet : Yes/ No csm 5/8
To 1.The District Collector, Nagercoil, Kanyakumari District.
2.The Superintendent of Police, Nagercoil, Kanyakumari District.
3.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.
4.The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District.
5.The Block Development Officer, Rajakamangalam Block, Pazhavillai, Kanyakumari District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in Dated : 23.12.2022 8/8