An appeal filed by the original petitioner against a single judge order that granted ad-interim injunction to stop the Karthigai Maha Deepam Festival was dismissed as the festival had already been held prior to the filing of appeal, rendering the appeal infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.12.2017
Coram
THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
W.A.No.1611 of 2017 and C.M.P.No.21088 of 2017
D.Senthilkumar ... Appellant/Petitioner
Vs.
1.The Chief Secretary to Government
Government of Tamil Nadu
Chennai – 600 009.
2.The Home Secretary
Secretariat, Fort St. George
Chennai – 600 009.
3.The Director General of Police
Office of the Director General of Police
Mylapore, Chennai – 600 004.
4.The District Collector
Coimbatore District Collectorate
Coimbatore – 641 018.
5.The District Forest Officer
Coimbatore District
Coimbatore.
6.The Secretary to Government Forest Department Fort St. George Chennai 600 009. ... Respondents/Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent Act against the order dated 24.11.2017 made in W.M.P.No.32748 of 2017 in W.P.No.30142 of 2017.
Prayer in WMP 32748/2017 and WP 30142/17:
Writ Miscellaneous petition filled praying that in the circumstance stated therein and in the affidavit filed therein the High Court will be pleased To grant an order of ad-interim
injunction restraining the respondents 4th 5th and 6th their men agents or any one acting on their behalf from conducting the Karthigai Maha Deepam Festival to be held on 02.12.2017 at 7th Hills Velliangiri Suyambu Andavar Poondi Pozhuvampatti Village Perur Taluk Coimbatore District.
Writ Petition filed under Artice 226 of the constitution of India Praying to issue a Writ of Mandamus directing the 1st respondent through the 2nd and 3rd respondents to conduct enquiry on my representation dated 30/10/2017 and to stop the unathorized festival to be conducted on 02/12/2017 in the hill shrine for ever in the name of “Karthigai Maha Deepam”.
For Respondents : Mr.Akhil Akbar Ali
Government Advocate.
(Judgment of the Court was made by RAJIV SHAKDHER, J)
1.1.By virtue of this application, the appellant, who is the original writ petitioner, had sought, in effect, a stay on the holding of Karthigai Maha Deepam Festival on 02.12.2017, at 7th Hills Velliangiri Suyambu Andavar, Poondi, Pozhuvampatti Village, Perur Taluk, Coimbatore District.
Sd/-
Assistant Registrar(CS IV)
Sub Assistant Registrar
vsm
To
1.The Chief Secretary to Government
Government of Tamil Nadu
Chennai – 600 009.
2.The Home Secretary
Secretariat, Fort St. George
Chennai – 600 009.
3.The Director General of Police
Office of the Director General of Police
Mylapore, Chennai – 600 004.
4.The District Collector
Coimbatore District Collectorate
Coimbatore – 641 018.
5.The District Forest Officer
Coimbatore District
Coimbatore.
6.The Secretary to Government
Forest Department
Fort St. George
Chennai 600 009.
+1cc to Mr.A.ARunkumar, Advocate, S.R.No.85932
+1cc to Mr.P.Ayyaswamy, Advocate, S.R.No.85933
+1cc to the Government Pleader, S.R.No.86870
W.A.No.1611 of 2017
SJ(CO)
RRK(10/01/2018)
1 issue framed by the court
Whether the appeal filed against the order granting ad-interim injunction on the festival holding merits being allowed or not.
D. Senthilkumar
The Chief Secretary to Government, Government of Tamil Nadu
The Home Secretary
The Director General of Police
The District Collector, Coimbatore
The Secretary to Government, Forest Department
Rajiv Shantharaj Shakdher
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
