Prabakar Vs The District Collector

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to permit the petitioners to install and operate amusement rides and other entertainment events on the western & eastern side of the Vaigai river for Chithiral festival at Paramakudi, Ramanathapuram District from 11.05.2025 to 17.05.2025 by considering the petitioner's representation dated 02.04.2025.

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For Petitioners :Mr.N.Padmaboopathi

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For Respondents :Mr.Veerakathiravan Additional Advocate General assisted by Mrs.P.B.Ahamed Yasmin Parvin Government Advocate for R1, R2, R4, R6 & R8

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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: Mr.K.Gnana Sekaran Government Advocate (Crl.side) for R3 & R7

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: Mr.D.Prasanna Rajadurai for R5 : Mrs.P.Jessi Jeva Priya for R9

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In W.P.(MD)No.11968 of 2025

Pandi Durai

... Petitioner

Vs.

1.The District Collector, Ramanthapuram District, Ramanathapuram.

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2.The Sub Collector, O/o.Sub Collector, Paramakudi, Ramanathapuram District.

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3.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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4.The District Fire and Rescue Officer, Ramanathapuram, Ramanathapuram District.

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5.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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6.The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

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7.The Executive Engineer, Public Works Department, Vaigai Basin Division, Paramakudi, Ramanathapuram District.

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8.The Junior Engineer,

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Tamilnadu Generation and Distribution Corporation (TNAGEDCO) Paramakudi,

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Ramanathapuram District.

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9.The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

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10.Arulmighu Sundara Raja Perumal Temple, Paramakudi, Ramanathapuram District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission to the petitioner to install and operate amusement rides and other entertainment events in the eastern side or western side of the Vaigai river from 10.05.2025 to 20.05.2025 on the eve of Chithirai festival of 10^th respondent's temple in Paramakudi, Ramanathapuram District.

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For Petitioners :Mr.S.Jeyakarthik

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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For Respondents :Mr.Veerakathiravan Additional Advocate General assisted by Mrs.P.B.Ahamed Yasmin Parvin Government Advocate for R1 to R5, R7 & R8

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: Mr.K.Gnana Sekaran Government Advocate (Crl.side) for R9

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: Mr.D.Prasanna Rajadurai for R6 : Mrs.P.Jessi Jeva Priya for R10 In W.P.(MD)No.12439 of 2025

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T.Karthikeyan ... Petitioner

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Vs.

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1.The District Collector, Ramanthapuram District, Ramanathapuram.

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2.The Sub Collector, O/o.Sub Collector, Paramakudi, Ramanathapuram District.

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3.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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4.The District Fire & Rescue Officer, Ramanathapuram District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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5.The Commissioner, Paramakudi Municipality, Ramanathapuram District.

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6.The Executive Engineer (Structure), Public Works Department, Vaigai Basin Division, Paramakudi, Ramanathapuram District.

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7.The Inspector of Police, Paramakudi Police Station, Ramanathapuram District.

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8.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

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9.The Executive Officer, Sri Arulmighu Sundaraja Perumal Temple, Sri Sundaraja Perumal Devasthanam, Paramakudi, Ramanathapuram District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the sixth respondent to grant permission for conducting amusement ride in the Vaigai River Bed, Paramakudi Taluk, Ramanathapuram District, adjacent to the 9^th respondent temple and further direct the respondents 1 to 9 to permit the petitioner to install the amusement rides, on the western and eastern side of the vaigai on account of the chithrai festival 2025, at the Vaigai River Bed, Paramakudi, Ramanathapuram District.

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For Petitioner :Mr.K.R.Laxman

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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For Respondents :Mr.Veerakathiravan Additional Advocate General assisted by Mrs.P.B.Ahamed Yasmin Parvin Government Advocate for R1, R2, R4, R6 & R8 : Mr.K.Gnana Sekaran Government Advocate (Crl.side) for R3 & R7

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: Mr.D.Prasanna Rajadurai for R5 : Mrs.P.Jessi Jeva Priya for R9

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In W.P.(MD)No.12215 of 2025

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L.M.Manikandan ... Petitioner

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Vs.

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1.The District Collector, Ramanthapuram District, Ramanathapuram.

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2.The Sub Collector, O/o.Sub Collector, Paramakudi, Ramanathapuram District.

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3.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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4.The District Fire & Rescue Officer, Ramanathapuram District.

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5.The Commissioner, Paramakudi Municipality,

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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Ramanathapuram District.

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6.The Executive Engineer (Structure), Public Works Department, Vaigai Basin Division, Paramakudi, Ramanathapuram District.

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7.The Superintending Engineer, Public Works Department Electrical Division, Chepuak, Chennai-600 005.

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8.The Assistant Engineer, TNAGEDCO, Town South, Paramakudi, Ramanathapuram District.

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9.The Executive Officer, Sri Arulmighu Sundaraja Perumal Temple, Paramakudi, Ramanathapuram District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned order passed in Ka.No.117M Va.Pi/Eva.A3/Ko.NOC (Rathinam), dated 16.04.2024 on the file of the sixth respondent and to quash the same as illegal and direct the respondents 1 to 9 to permit the petitioner to install the amusement rides on the western and eastern side of the vaigai river on account of the Chithrai Festival 2025, at Vaigai River Bed, Paramakdui, Ramanathapuram District adjacent to the 9^th respondent temple.

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For Petitioner :Mr.K.R.Laxman

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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For Respondents :Mr.Veerakathiravan Additional Advocate General assisted by Mrs.P.B.Ahamed Yasmin Parvin Government Advocate for R1, R2, R4 & R6, R7

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: Mr.K.Gnana Sekaran Government Advocate (Crl.side) for R3 : Mr.D.Prasanna Rajadurai for R5 : Mrs.P.Jessi Jeva Priya for R9

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COMMON ORDER

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Heard the learned counsel for the writ petitioners and the learned Additional Advocate General assisted by the learned Government Advocate for the official respondents and the learned counsel for the 10^th respondent / Sri Arulmighu Sundaraja Perumal Temple, Paramakudi.

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The only question that calls for consideration is whether the amusement rides can be permitted in Vaigai river bed in the vicinity of Sri Arulmighu Sundaraja Perumal Temple, Paramakudi.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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The learned Additional Advocate General opposes the writ prayer primarily by citing the order dated 18.04.2024 made in W.P.(MD)No.9860 of 2024. The learned counsel appearing for the writ petitioners draws our attention to the permission granted by the Public Works Department right from 2017 onwards. The learned counsel for the petitioners state that atleast for the last 20 years and more, such amusement rides have been permitted. Only last year, the Hon'ble Division Bench took the view that instead of the river bed, the events can be conducted at alternative sites. Paragraph No.12 of the said order reads as follows:-

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“12.In support of this contention, the learned counsel appearing for the petitioner has provided four alternative sites, which are available in the locality. One is at Executive Engineer's Office of the Public Works Department, where larger extent of empty land is available. Second one is the land belonging to the respondent Paramakudi Municipality, next to Uzhavar Santhai. Thir one is Sandy Ground (Santhai Thidal), where there is a mini playground available. Fourth one is a playground of Government Boys Higher Secondary School. Apart from these four places, which have been as a suggestive places, other places, which are more suitable for locating this kind of equipments can be found out by the respondents ie., Public Works Department and Municipality, where this kind of permission can be given.”

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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The learned counsel for the petitioners in unison state that conducting the event only in the river bed alone would be feasible in the vicinity of the temple and conducting the event at far away site would not be feasible and that is why, notwithstanding the permission granted by the Division Bench to conduct the event at the alternative site, no event was actually conducted.

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Even the prayer in that writ petition was that the amusement rides should not be allowed to be conducted without getting prior permission from the authorities. Under no circumstances, river bed should be damaged. It is a matter of record that permission for conducting the event was in fact permitted vide order dated 22.03.2024 in W.P.(MD)No.5194 of 2024. No appeal was filed against the said order. When the order made in W.P.(MD)No.5194 of 2024 was not set aside in the manner known to law, we fail to understand as to how its legal effect can be overcome in a PIL filed at the instance of a third party. In any event, we do not find any blanket prohibition issued for all times to come in the order dated 18.04.2024 in W.P.(MD)No.9860 of 2024.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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We take note of the fact that such events have been traditionally permitted. The prime objection appears to be that 1500 cusecs of water would be released from the Vaigai dam and that they are likely to reach Paramakudi on 14.05.2024.

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It is submitted by the petitioners that last year, 1700 cusecs of water was released and yet it flowed only on one side of the river and that since the event would be conducted on the upper reach of the river, the flow of the water is not likely to affect them. We do not want to enter into this factual aspect. We make it clear that if the flow of water in the river reaches the spot where the amusement events are to be conducted, the fourth respondent shall pass a directive to stop the events. It shall be complied with without any demur. It is stated that the petitioners would submit a joint application to the authority concerned. Once such a joint application in the names of Pandi Durai, Manikandan, Karthikeyan and Prabhakar is submitted, the authorities concerned shall grant permission forthwith. The authority concerned shall demarcate the areas by taking into account the earlier practice. It is also open to the authorities to lay down suitable conditions and collect appropriate charges from the applicants. Since permission has been directed to be granted pursuant to the order of this Court, the question of State assuming liability will not arise at all. It is the look out of the organizers concerned.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.10909, 11968, 12439 & 12215 of 2025

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