D C DARWIN CONSTON Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed for issuing a Writ of Mandamus directing the respondents 1 to 5 not to grant permission to the sixth respondent to conduct the Arumanai Christmas Festival at Pallivilai near the Arumanai Police Station, in Arumanai Via Kulasekaram Road, Nagercoil Road on 22nd and 23rd December, 2017 by considering the petitioner's representations dated 06.12.2017 and 12.12.2017.

(2.) The petitioner states that he is a planter owning rubber garden in Kaliyal, Kanyakumari District. It is stated that the petitioner's house is situated at the road namely Arumanai via Kulasekaram to Nagercoil connecting the rubber estates in Kulasekaram and other estate areas. It is also stated that estate labourers use this road to reach their houses from various estates. It is further stated that the road is a busy road and there is bus service once in fifteen minutes. Apart from the bus service, there is also heavy vehicular traffic in the road. It is further stated that the heavy vehicular traffic is diverted through this road because of the construction of a new fly-over in Marthandam. Further, it is stated that the road is a narrow panchayat road of 15 feet width and this is the only road from Marthandam to Arumanai, Kaliyal and other estate areas. Even the sixth respondent is residing in the same road.

(3.) It is the case of the petitioner that the sixth respondent is making elaborate arrangements for conducting Arumanai Christmas festival at Pallivilai near the Arumanai Police Station in Arumanai via Kulasekaram road. It is further contended that the sixth respondent has already erected huge flex banners advertising Arumanai Christmas festival to be conducted on 22nd and 23rd December, 2017 in Arumanai junction and other junctions in the road. The prime objections of the petitioner to conduct the function at Pallivilai junction are as follows: