2022 Supreme(Online)(Mad) 71607
MADRAS HIGH COURT
Honourable Ms.Justice V.M.VELUMANI
Natarajan, President, Padiyanallur Grade -I Village Panchayat, Cholavaram Panchayat Union, Tiruvallur District. ... Petitioner – Appellant
Versus
1. The District Collector Co – Respondent
HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.04.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.NO.8382 OF 2022 N.Jayalakshmi Wife
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2022
C O R A M
THE HON'BLE MS.JUSTICE V.M.VELUMANI
W.P.NO.8382 OF 2022
N.Jayalakshmi
Wife of Natarajan,
President,
Padiyanallur Grade -I Village Panchayat,
Cholavaram Panchayat Union,
Tiruvallur District.
... Petitioner
Vs
1. The District Collector
Collector Office,
Thiruvallur District,
Tamil Nadu – 602 003.
2. The Managing Committee,
Arulmigu Muneeswarar Angala Eswari Temple,
Padiyanallur, Chennai – 600 052.
... Respondents
Prayer Writ Petition filed under Article 226 of the Constitution
of India, praying for the issuance of Writ of Mandamus,
directing the 1st respondent to consider the petitioner's
representation dated 25.03.2022 along with the resolution of the
Padiyanallur Village Panchayat dated 18.03.2022 received by the
1st respondent on 25.03.2022.
For Petitioner : Mr.P.Raja
For R1
: Mr.R.Kumaravel
Additional Government Pleader
For R2
: Mr.R.Kannan
For HR & CE
: N.R.R.Arun Natarajan
Special Government Pleader
https://hcservices.ecourts.gov.in/hcservices/
ORDER
The petitioner has come out with the present Writ Petition
for a direction to the 1st
respondent to consider the
petitioner's representation dated 25.03.2022 along with the
resolution of the Padiyanallur Village Panchayat dated
18.03.2022.
2.Heard the learned counsel appearing for the petitioner,
learned Additional Government Pleader appearing for the 1st
respondent, learned counsel appearing for the 2nd respondent as
well as N.R.R.Arun Natarajan, learned Special Government Pleader
appearing for the HR & CE Department and perused the materials
on record.
3.By consent of the learned counsel appearing for the
petitioner, learned Additional Government Pleader as well as
learned counsel appearing for the 3rd respondent, this Writ
Petition is taken up for final disposal at the stage of
admission itself.
4.According to the petitioner, she is the President of
Padiyanallur Grade-I Village Panchayat, Padiyanallur, Chennai.
Arulmigu Muneeswarar Angala Eswari Temple situated in the
Padiyanallur village is worshiped by people residing in
Padiyanallur and surrounding villages. The said temple is
managed by the 2nd respondent. The 2nd respondent has decided to
conduct “Panguni Uthiram Thiruvizha” festivals for 10 days
starting from 07.04.2022 to 17.04.2022 and decided to install
Ferry Wheel and conduct music and dance programmes in and around
the said temple. Nearly two lakhs people will be participating
in the festival. The Padiyanallur Village Panchayat has to
provide basic amenities and also has to make arrangements for
removal of garbage, provide sanitization, laying roads, fixing
street lights etc. Under such circumstances, the petitioner has
sent representation to the 1st respondent – District Collector on
25.03.2022, to take action against the persons who are
conducting festivals and installing Ferry Wheel and conducting
music and dance programmes without any permission. Since no
order is passed by the 1st respondent, the petitioner has come
out with the present Writ Petition, requesting the 1st respondent
not to grant permission to the 2nd respondent for installing
Ferry Wheel Fair during the function in the temple and also to
take legal action on the 2nd respondent for conducting public
fair without the permission of the Panchayat.
5.Mr.N.R.R.Arun Natarajan, learned Special Government
Pleader appearing for the HR & CE Department submitted that the
Arulmigu Muneeswarar Angala Eswari Temple, Padiyanallur, is
https://hcservices.ecourts.gov.in/hcservices/
under the control of the HR & CE Department and fit person was
appointed to administer the temple. The HR & CE Department has
not given any permission to the 2nd respondent to install Ferry
Wheel and conduct music and dance programmes. The fit person
also ma