S.Murugan vs. The Sub - Collector

Held

The Court acknowledged the safety concerns raised by the petitioner and the PWD's initial rejection of the request due to potential risks of water release and floods. However, it noted that permission had been granted to respondents 11 and 12 based on a previous writ court order, which the PWD had not challenged and had subsequently issued consequential proceedings. The Court recognized that while the PWD was not in favor of such installations in the river bed, these amusement activities were a part of the festival. Therefore, the Court directed that alternative sites be identified and utilized for the installation of amusement rides instead of the river bed. The petitioner suggested four alternative locations, and the Court directed the PWD and Municipality to explore these or other suitable locations. The Court ordered that the arrangement for alternative sites be made as early as possible, preferably before April 22, 2024, to facilitate the festival commencing on April 20, 2024. The writ petition was disposed of with these directions.

Facts

The petitioner filed a writ petition seeking to prevent respondents 1-5 from allowing respondents 11 and 12 to install amusement rides in the Vaigai River bed for the Chithirai Festival (April 20-30, 2024). The petitioner argued that this installation would damage the river bed, lacked stability certificates from the Public Works Department (PWD), had no insurance for user safety, and that GST tax had not been paid. The petitioner also sought to restrain the 10th respondent (temple trustee) from collecting fees from circus and hawkers in the river bed. The PWD had previously rejected a similar request from respondent 11 on February 26, 2024, citing water release for drinking purposes and potential flood risks. However, a previous writ court order in 2019 and a subsequent order on April 12, 2024, had permitted such installations.

Key Issues

1. Whether the respondents 1-5 should be restrained from permitting the installation of amusement rides in the Vaigai River bed without obtaining stability certificates and insurance, and without ensuring payment of GST tax, given the potential damage to the river and public safety risks during the Chithirai Festival (April 20-30, 2024)? Petitioner's arguments: - The installation of amusement rides in the river bed poses a risk of damage to the river and public safety, especially considering potential water releases from the dam and flash floods. - Stability certificates from the PWD Electrical Division or other competent authorities are mandatory for the safety of the amusement rides. - Insurance must be obtained to cover any casualties. - GST tax must be paid to the concerned authorities. - The temple trustee (10th respondent) should be restrained from collecting fees from unauthorized vendors. Revenue/State's arguments: - The PWD had initially rejected the request due to safety concerns related to water release and potential floods. - However, permission was granted to respondents 11 and 12 pursuant to a writ court order, which the PWD intended to challenge via an intra-court appeal. - The PWD is not in favor of granting permission in the river bed but acknowledged that such activities are part of the festival.