Madras High Court
B.Arunkumar vs The District Collector on 22 October, 2020
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
Writ Petition(MD)No.15019 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.(MD)No.15019 of 2020
and
W.M.P.(MD)Nos.12657 and 12658 of 2020
B.Arunkumar ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
District Collectorate,
Kokkirakulam,
Tirunelveli.
2.The Tasildhar,
Tirunelveli Taluk,
Tirunelveli. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the order of the second respondent, vide his
proceedings in Na.Ka.No.A3/2919/2020, dated 09.10.2020, quash the
same insofar as the condition restricting the procession of the deities in
''Sapparams'' during the Dashara festival to be carried out in all the
temples within the respective temple premises insofar as the above
ARULMIGU SRI MARRIAMMAN KOIL, is concerned and
consequently, to permit the procession of the deity ARULMIGU SRI
http://www.judis.nic.in
1/6
Writ Petition(MD)No.15019 of 2020
MARRIAMMAN, situated at Saliyar Street, Sankarankoil Road,
Tirunelveli Town, Tirunelveli – 627 006, during the night of 26/10/2020,
for a limited distance of 200 meters towards north of the temple and 300
meters towards south of the temple.
For Petitioner : Mr.S.Conscious Ilango
For Respondents : Mr.C.Ramar
Additional Government Pleader
ORDER
Heard Mr.S.Conscious Ilango, learned counsel appearing for the petitioner and Mr.C.Ramar, learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
2.The petitioner has come out with the present Writ Petition for issuance of a Writ of Certiorarified Mandamus, to quash order of the second respondent, dated 09.10.2020, and consequently, permit the procession of the Deity viz., Arulmigu Sri Mariamman, situated at Saliyar Street, Sankarankovil Road, Tirunelveli Town, Tirunelveli, during the night of 26.10.2020, for a limited distance of 200 meters towards the north of the temple and 300 meters towards the south of the temple. http://www.judis.nic.in 2/6 Writ Petition(MD)No.15019 of 2020
3.Today, when the matter is taken up for hearing, Mr.S.Conscious Ilango, learned counsel appearing for the petitioner would submit that the petitioner would be satisfied, if suitable direction is issued to the second respondent to consider his representation, dated 12.10.2020. It is also submitted that the procession is being taken out for time immemorial with some religious faith, however, in view of Covid – 19 Pandemic, this year, at least the Priest and the Committee Members may be permitted to participate in the procession function to be held on 26.10.2020.
4.Mr.C.Ramar, learned Additional Government Pleader appearing on behalf of the respondents would submit that the second respondent would consider the representation of the petitioner, dated 12.10.2020, and pass appropriate orders in accordance with law, within a time frame to be fixed by this Court.
5.Though the petitioner has prayed for a larger relief in the Writ Petition, considering the submissions made by the learned counsel appearing on either side, this Court without going into the merits of the case, directs the second respondent to consider the representation of the petitioner, dated 12.10.2020 and pass appropriate orders on merits and in http://www.judis.nic.in 3/6 Writ Petition(MD)No.15019 of 2020 accordance with law, as expeditiously as possible, in any event, not later than 25.10.2020.
6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
22.10.2020
Internet : Yes/No
Index : Yes/No
smn2/vsd
Note :- (i) Issue order copy on 23.10.2020.
(ii) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To
1.The District Collector, Tirunelveli District, District Collectorate, Kokkirakulam, Tirunelveli.
2.The Tasildhar, Tirunelveli Taluk, Tirunelveli.
http://www.judis.nic.in 4/6 Writ Petition(MD)No.15019 of 2020 http://www.judis.nic.in 5/6 Writ Petition(MD)No.15019 of 2020 K.KALYANASUNDARAM , J.
smn2/vsd W.P.(MD)No.15019 of 2020 and W.M.P.(MD)Nos.12657 and 12658 of 2020 22.10.2020 http://www.judis.nic.in 6/6