W.P(MD)No.12596 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.12596 of 2025 M.Moorthy ... Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Superintendent of Police, Sivagangai District, Sivagangai. 3.The Deputy Superintendent of Police, Manamadurai, Sivagangai District. 4.The Inspector of Police, Manamadurai Police Station, Sivagangai District. 5.The Assistant Executive Engineer (Constructions), Public Works Department, Manamadurai Sub Division, Sivagangai District. 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.12596 of 2025 6.The Commissioner, Manamadurai Municipality, Sivagangai District. 7.The Tahsildar, Manamadurai, Sivagangai District. 8.The District Fire & Rescue Officer, Sivagangai District, Sivagangai. 9.The Executive Engineer, Sarugani River, Basin Division, Sivagangai. (R.9 is suo motu impleaded vide order of this Court dated 28.04.2025) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to grant permission to the petitioner to install and operate amusement rides and other entertainment events near on Arulmigu Sri Sonaiya Kovil, Vaigai river bed in the eve of Chithirai festival at Manamadurai, Sivagangai District from 01.05.2025 to 15.05.2025 by considering the petitioner's representations dated 17.04.2025 and 24.04.2025. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader for R.1 to R.5, R.7 to R.9 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.12596 of 2025 Mr.A.Kathiravan Senior Counsel for R.6 ORDER Heard both sides. 2.The petitioner wants to install and operate amusement rides and conduct other entertainment events in Vaigai river bed in Manamadurai in the vicinity of Arulmigu Sonaiya Kovil from 01.05.2025 and 15.05.2025. He had given representation dated 17.04.2025 and 24.04.2025 in this regard. Since there was no response, this Writ Petition came to be filed. 3.When the matter was taken up for hearing, the learned counsel for the petitioner states that he had already obtained “No Objection Certificate” from the respondents 5 and 6. However, his grievance is that the jurisdictional Police are yet to accord any permission. 4.We wanted to know from the jurisdictional Police if there would be any law and order issue if the petition mentioned amusement events are permitted. 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.12596 of 2025 5.There does not appear to be any strong objection by the jurisdictional Police. However, there is considerable merit in the contention of the learned Additional Advocate General that obtaining consent from the Assistant Executive Engineer (Constructions), Public Works Department, Manamadurai may not suffice. The river vests only with the Water Resource Department. Therefore, “No Objection Certificate” ought to have been obtained from the concerned official. 6.We suo motu implead the Executive Engineer, Sarugani River, Basin Division, Sivagangai as the ninth respondent. The objection from the ninth respondent is that water to the tune of more than 1000 cusecs is to be released from the Vaigai dam and that it would reach Manamadurai by 12.05.2025. In response to this assertion, the learned counsel for the petitioner states that even if the water reaches Manamadurai by 12.05.2025, it would flow only on one side of the river and since the amusement rides would be conducted at the upper reach, the flow of water may not really affect them. We do not want to go into this factual aspect. 7.We direct the respondents 4 and 9 to give “No Objection Certificate” forthwith to the petitioner so that the petitioner can install the 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.12596 of 2025 amusement rides and conduct the petition mentioned events from 01.05.2025 till 15.05.2025 at the petition mentioned site. We, however, empower the ninth respondent to intervene and stop the conduct of events if the flow of water in Vaigai river reaches the petition mentioned site where the amusement events are to be conducted. We make it clear that if any untoward incident occurs while conducting the petition mentioned events, the State will not be held responsible. It is only the petitioner who has to take the responsibility and liability. 8.This Writ Petition is allowed accordingly. There shall be no order as to costs. [G.R.S., J.] [B.P., J.] 28.04.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA Note: Issue order copy on 29.04.2025. To 1.The District Collector, Sivagangai District, Sivagangai. 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.12596 of 2025 2.The Superintendent of Police, Sivagangai District, Sivagangai. 3.The Deputy Superintendent of Police, Manamadurai, Sivagangai District. 4.The Inspector of Police, Manamadurai Police Station, Sivagangai District. 5.The Assistant Executive Engineer (Constructions), Public Works Department, Manamadurai Sub Division, Sivagangai District. 6.The Commissioner, Manamadurai Municipality, Sivagangai District. 7.The Tahsildar, Manamadurai, Sivagangai District. 8.The District Fire & Rescue Officer, Sivagangai District, Sivagangai. 9.The Executive Engineer, Sarugani River, Basin Division, Sivagangai. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.12596 of 2025 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. MGA W.P(MD)No.12596 of 2025 28.04.2025 7/7 https://www.mhc.tn.gov.in/judis