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2014 DIGILAW 179 (MAD)

V. Raveendran v. District Collector, Cuddalore District

2014-01-27

M.VENUGOPAL

body2014
Judgment 1. The petitioner has filed the present Writ of Mandamus directing the first respondent to take appropriate action and reopen the Aringar Anna Marriage Hall, Kilkavarapat Panchayat, Anna Gramam Union, Cuddalore District, within the time prescribed by this Court. 2. According to the petitioner, he was elected as 4th Ward Panchayat Member in the Kilkavarapet Panchayat of Anna Gramam Union. He is interested in the welfare of the people. During the year 1979, then Chief Minister of Tamil Nadu inaugurated the Aringar Anna Marriage Hall in order to help the downtrodden poor people in their locality to conduct marriages and ceremonies. The said Hall was very much used by the people of more than 50 villages in and around their village as the said Marriage Hall Fee was very much affordable as it was very less expensive compared to other private Marriage Hall. 3. The main grievance of the petitioner is that due to improper maintenance, the Aringar Anna Marriage Hall was not in use for several years. After several agitations and continuous representations by the Civic bodies and NGO's, the said Aringar Anna Marriage Hall was renovated at a cost of Rs. 12 lakhs by the State Government with new kitchen and water tanks. From the year 2010, the said Marriage Hall was again allowed for the public to conduct ceremonies for a very low marginal fee. Suddenly during the month of December 2011, the said Hall was sealed by the third respondent/Tahsildar, Panrutti Taluk. On enquiry, it was said that as the Government's free cost Mixer, grinder, fan were stored at the Marriage Hall and the said Hall could not be let out to the public for conducting ceremonies. 4. They sent several representations to the law enforcing authorities (including the respondents herein). In spite of several representations, the said Hall was not reopened. On 07.05.2012, a resolution was passed in their Kilkavarapet Panchayat to the effect that the said Marriage Hall should be reopened soon for public usage. However, there was no action till date for reopening of the said Hall. Again on 28.09.2012, he made a detailed representation to the first respondent enclosing the Kilkavarapet Panchayat Resolution, dated 07.05.2012 and requested him to take appropriate action and to reopen the said Marriage Hall. For his representation, till date no reply was issued and no steps were taken to reopen the said Marriage Hall. Again on 28.09.2012, he made a detailed representation to the first respondent enclosing the Kilkavarapet Panchayat Resolution, dated 07.05.2012 and requested him to take appropriate action and to reopen the said Marriage Hall. For his representation, till date no reply was issued and no steps were taken to reopen the said Marriage Hall. Therefore, the petitioner has approached the present Writ of Mandamus. 5. Admittedly, the petitioner is the 4th Ward Panchayat Member of Kilkavarapat Panchayat of Anna Gramam Union, Cuddalore District. It is not in dispute that the Aringar Anna Marriage Hall in question was earlier used for the conduct of public ceremonies for a low marginal fee. The said Marriage Hall was in fact used by the public for conducting ceremonies during the year 2010. Earlier, the said Hall was renovated by the Government at a cost of Rs.12 lakhs with new kitchen and water tanks. However, it comes to be known that during the month of December 2011, the said Marriage Hall was sealed by the third respondent and because of that, it could not be let out to the public for conducting ceremonies. Indeed a resolution, dated 07.05.2012 was passed by the Kilkavarapat Panchayat to the effect that the said Marriage Hall should be reopened soon for public utility/usage. In spite of the fact that the petitioner made a detailed representation to the first respondent enclosing the aforesaid Panchayat Resolution, dated 07.05.2012 and made a request to take necessary action as regards the reopening of the said Aringar Anna Marriage Hal, till date, the said representation has not been made with any positive response from the first respondent / District Collector, Cuddalore. 6. If the Aringar Anna Marriage Hall is reopened at an early date, then, there is a possibility for the public to conduct ceremonies at a fee to be prescribed by the concern. The non reopening of the aforesaid Marriage Hall, according to the petitioner is causing hardship and loss to the local people. 6. If the Aringar Anna Marriage Hall is reopened at an early date, then, there is a possibility for the public to conduct ceremonies at a fee to be prescribed by the concern. The non reopening of the aforesaid Marriage Hall, according to the petitioner is causing hardship and loss to the local people. Therefore, to alleviate the sufferings of the local people in regard to the non reopening of the Aringar Anna Marriage Hall in Anna Gramam, this Court, without going into the merits and demerits of the matter and also not delving deep into the subject matter in issue, directs the first respondent on the basis of fair play, equity and as a matter of prudence to consider the detailed representation of the petitioner, dated 28.09.2012 in a just, fair, objective and dispassionate manner and to pass speaking and reasoned order on merits, within a period of six weeks from the date of receipt of a copy of this order. 7. With the aforesaid direction, the Writ Petition stands disposed of. No costs.