2022 Supreme(Online)(Mad) 58360
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN
Balasubramani – Appellant
Versus
The District Collector – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2022 CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22120 of 2022 Balasubramanian ... Petitioner vs.
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.
4.The Superintendent of Police, Virudhunagar, Virudhunagar District.
5.The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.
6.The Sub Inspector of Police, Mamsapuram Police Station, Virudhunagar District.
7.The Executive Officer, Mamsapuram Town Panchayat, Srivilliputhur Taluk, Virudhunagar District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner Uravin Murai's representation, dated 29.08.2022 on merits and in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Velmurugan For R1 to R3 : Mr.D.Gandhiraj Special Government Pleader For R4 to R6 : Mr.Veerakathiravan Additional Advocate General assisted by Mr.R.M.Anbunithi Additional Public Prosecutor For R7 : Mr.P.Thambi Durai Government Advocate O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner Uravin Murai's representation, dated 29.08.2022 on merits and in accordance with law.
2. The case of the petitioner is that he is the present President of Devendra Kula Vellalar Uravin Murai, Amaichiyarpatti, Mamsapuram and there are 126 houses at Amaichiyarpatti Village and all the villagers belong to Devendra Kula Vellalar community and no other community people are living at Amaichiyarpatti Village. During the year 1990, a cement statue of Thiagi Immanuel Sekaran was installed in Amaichiyarpatti Village. During the year 1997, there was a riot, wherein the cement statue of Thiagi Immanuel Sekaran was damaged. The Government had sanctioned a sum of Rs.2,000/- to renovate the statue of Thiagi Immanuel Sekaran. The Amaichiyar Patti Devendra Kula Vellalar Uravin Muruai, Amaichiyarpatti, Marnsapuram had given a petition to the first respodnent viz., the District Collector, Virudhunagar District on
29.08.2022, for installation of Bronze Statue of Thiagi Immanuel Sekaran at Amaichiyarpatti Village within the limit of Mamsapuram Town Panchayat in S.No.583, Plot No.28, which belongs to Amaichiyarpatti Devendra Kula Vellalar Uravin Murai and the said land was purchased on 16.12.2011. The said petition was given to the 1st respondent on 29.08.2022 at People's Grievance Day. The said petition for installation of Bronze Statue of Thiagi Immanuel Sekaran dated
29.08.2022 is still pending before the 1st respondent.
3. It is the further case of the petitioner that on 10.09.2022, the Devendra Kula Vellalar Uravin Murai had installed the Bronze Statue of Thiagi Immanuel Sekaran. Therefore, on 10.09.2022, under the head of Sub Collector and the Superintendent of Police, Virudhunagar, a peace committee meeting was held and an order was passed by the Sub Collector, Sivakasi in Pa.Vay.A1/001/2022, wherein the following conditions were agreed by the Uravin Murai;
i) That the Statue of Thiagi Immanuel Sekaran has to be covered with tin sheet.
ii) Due to Thiagi Immanuel Sekaran Guru Pooja on
11.09.2022, permission was granted to do pooja from 4 p.m. to
6 p.m..
iii) That after the function, the Bronze Statue should be covered with Tin Sheet.
iv) After getting permission from the District Administration, the Bronze Statue of Thiagi Immanuel Sekaran should be opened.
4. According to the petitioner, on 10.09.2022 itself petitions were given to the respondent Nos.2 and 4 seeking permission for installation of Bronze Statue of Thiagi Immanuel Sekaran. The cement Statue was already installed in Amaichiyarpatti Village in the year 1990. Since the cement statue was damaged, it is replaced by bronz