Madras High Court
Thirumoorthy vs The Superintendent Of Police on 24 May, 2023
W.P.(MD) No.12402 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.12402 of 2023
Thirumoorthy ... Petitioner
-vs-
1.The Superintendent of Police,
Thanjavur Distirct,
Thanjavur.
2.The Inspector of Police,
Peravoorani Police Station,
Thanjavur District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, to direct the respondents to grant necessary permission and
provide adequate police protection for conducting the Adal Padal Program on
26.05.2023 at about 07.00 P.M to 11.30 P.M., as part of temple festival of
Arulmighu Shri Aladiyar Shri Kaliamman Temple function at Padappanarvayal,
Peravoorani Taluk, Thanjavur District by considering the petitioner's
representation dated 22.05.2023.
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W.P.(MD) No.12402 of 2023
For Petitioner : Mr.V.Karuna
For Respondents : Mr.A.Kannan
Additional Government Pleader
ORDER
[Order of the Court was made by P.T.Asha, J.]
The petitioner, who claims to be a member of the Festival Committee of
Arulmighu Shri Aladiyar Shri Kaliamman Temple at Padappanarvayal,
Peravoorani Taluk, Thanjavur, has invoked the extraordinary jurisdiction that this
Court exercises under Article 226 of the Constitution of India for a Mandamus to
the respondents to grant permission to conduct a cultural program (Adal Padal)
on 26.05.2023 at about 07.00 P.M to 11.30 P.M., as part of the temple festival.
2. The petitioner would contend that for the past several years, they are
conducting the festival followed by Adal Padal program in a peaceful manner.
For the current year, the festival is proposed to be held on 25.05.2023 and
26.05.2023. One of the features of the function is a cultural event on 26.05.2023,
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W.P.(MD) No.12402 of 2023
which is styled as “Adal Padal”. The petitioner would submit that he has made a
representation on 22.05.2023 vide registered post to the respondents to grant
permission to conduct the said cultural festival which has not been considered to
date. Hence, the petitioner has approached this Court.
3. Heard the learned counsel on either side.
4. This petition has been filed before the Bench categorising it as a “Public
Interest Litigation”. We are at loss to understand as how the conduct of a dance
program in a temple in a small village would partake the character of a public
interest. Further, the person, who has invoked the jurisdiction of this Court is one
of the Members and the affected party. Considering the fact that today, the Bench
has over 84 and odd cases of the same genre, we have decided to examine the
following factors:
(a) whether a public interest is involved in the aforesaid cases; and
(b) whether the extraordinary jurisdiction of this Court has to be exercised in a
matter of this nature.
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W.P.(MD) No.12402 of 2023
5. Article 226 of the Constitution of India has been incorporated in the
constitution by the framers of the constitution to ensure power to every High
Court exercising jurisdiction in their respective territories to issue to any person
or authority including an appropriate case any Government, Writs in the nature of
a Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari for the
enforcement of the rights conferred by Part-III for any other purposes. Part-III of
the Constitution deals with “fundamental rights” and a violation of these rights
would give a right to the affected party to approach the highest Court of the State
by way of a writ petition invoking the provisions of Article 226 of the
Constitution of India. The failure to grant permission (not even a refusal) to
conduct a cultural event does not constitute a violation of a fundamental right as
guaranteed under Part III of the Constitution of India. Therefore, the invocation
of the provisions of Article 226 of the Constitution of India, that too, in the guise
of a Public Interest Litigation appears to be erroneous.
6. In the affidavit filed in support of the writ petition, there is no iota of a
pleading that a fundamental right has been breached. Therefore, on this ground,
the writ petition appears to be misconceived.
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W.P.(MD) No.12402 of 2023
7. Let us now examine as to whether the issue on hand involves a public
interest. In the judgment in People's Union for Democratic Rights and others
Vs. Union of India and others reported in (1982) 3 SCC 235, the Hon'ble
Supreme Court observed as follows with reference to what constitutes a “Public
Interest Litigation”:
“2. ....... Public interest litigation, as we conceive it, is
essentially a cooperative or collaborative effort on the part of
the petitioner, the State or public authority and the court to
secure observance of the constitutional or legal rights,
benefits and privileges conferred upon the vulnerable sections
of the community and to reach social justice to them.”
8. In Ashok Kumar Pandey Vs. State of West Bengal and others reported
in AIR 2004 SC 280, the Hon'ble Supreme Court has elaborated on the petitions
filed as Public Interest Litigation as follows:
“4. ...... Public Interest Litigation which has now come
to occupy an important field in the administration of law
should not be “publicity interest litigation” or “private
interest litigation” or “politics interest litigation” or the
latest trend “paise income litigation”. If not properly
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W.P.(MD) No.12402 of 2023
regulated and abuse averted it become also a tool in
unscrupulous hands to release vendetta and wreck vengeance,
as well. There must be real and genuine public interest
involved in the litigation and not merely an adventure of
knight errant or poke ones into for a probe. It cannot also be
invoked by a person or a body of persons to further his or
their personal causes or satisfy his or their personal grudge
and enmity. Courts of justice should not be allowed to be
polluted by unscrupulous litigants by resorting to the
extraordinary jurisdiction. A person acting bona fide and
having sufficient interest in the proceeding of public interest
litigation will alone have a locus standi and can approach the
Court to wipe out violation of fundamental rights and genuine
infraction of statutory provisions, but not for personal gain or
private profit or political motive or any oblique
consideration.”
9. The Hon'ble Supreme Court in State of Uttaranchal Vs. Balwant Singh
Chaufal and others reported in (2010) 3 SCC 402, was considering the
appointment of a counsel as the Advocate General of the State of Uttaranchal.
The writ petition was originally filed before the Division Bench of the High Court
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W.P.(MD) No.12402 of 2023
of Uttarakhand at Nainital as a Public Interest Litigation. While dealing with the
above issue, the Bench had discussed the origin and development of a Public
Interest Litigation and in paragraph 43 therein, it stated as follows:
“43. In this judgment, we would like to deal with the
origin and development of public interest litigation. We deem
it appropriate to broadly divide the public interest litigation in
three phases:
• Phase I.—It deals with cases of this Court where
directions and orders were passed primarily to protect
fundamental rights under Article 21 of the marginalised
groups and sections of the society who because of
extreme poverty, illiteracy and ignorance cannot
approach this Court or the High Courts.
• Phase II.—It deals with the cases relating to protection,
preservation of ecology, environment, forests, marine
life, wildlife, mountains, rivers, historical monuments,
etc. etc.
• Phase III.—It deals with the directions issued by the
Courts in maintaining the probity, transparency and
integrity in governance.
Thereafter, we also propose to deal with the aspects of abuse
of the public interest litigation and remedial measures by
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W.P.(MD) No.12402 of 2023
which its misuse can be prevented or curbed.”
10. After discussing the march of law under the aforesaid three phases, the
learned Judges went on to frame directions for preserving the purity and sanctity
of Public Interest Litigations as follows:
“181. We have carefully considered the facts of the
present case. We have also examined the law declared by this
Court and other courts in a number of judgments. In order to
preserve the purity and sanctity of the PIL, it has become
imperative to issue the following directions:
(1) The Courts must encourage genuine and bona fide PIL
and effectively discourage and curb the PIL filed for
extraneous considerations.
(2) Instead of every individual Judge devising his own
procedure for dealing with the public interest litigation, it
would be appropriate for each High Court to properly
formulate rules for encouraging the genuine PIL and
discouraging the PIL filed with oblique motives.
Consequently, we request that the High Courts who have not
yet framed the rules, should frame the rules within three
months. The Registrar General of each High Court is directed
to ensure that a copy of the rules prepared by the High Court
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W.P.(MD) No.12402 of 2023
is sent to the Secretary General of this Court immediately
thereafter.
(3) The Courts should prima facie verify the credentials of the
petitioner before entertaining a PIL.
(4) The Courts should be prima facie satisfied regarding the
correctness of the contents of the petition before entertaining
a PIL.
(5) The Courts should be fully satisfied that substantial public
interest is involved before entertaining the petition.
(6) The Courts should ensure that the petition which involves
larger public interest, gravity and urgency must be given
priority over other petitions.
(7) The Courts before entertaining the PIL should ensure that
the PIL is aimed at redressal of genuine public harm or public
injury. The Court should also ensure that there is no personal
gain, private motive or oblique motive behind filing the public
interest litigation.
(8) The Courts should also ensure that the petitions filed by
busybodies for extraneous and ulterior motives must be
discouraged by imposing exemplary costs or by adopting
similar novel methods to curb frivolous petitions and the
petitions filed for extraneous considerations.”
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W.P.(MD) No.12402 of 2023
11. In the case on hand, it is seen that the same has been filed only by the
Member, who is invoking the jurisdiction of this Court to further their private
interest in the litigation. Therefore, this writ petition that has now been filed
under Article 226 of the Constitution of India and styled as a Public Interest
Litigation cannot by any stretch of imagination be considered as one filed to
espouse a “public interest”.
12. From the aforesaid discussions, it is amply clear that none of the writ
petitions involve a public interest and those writ petitions cannot be entertained
under the category of public interest.
13. It is brought to the notice of this Court that pursuant to the various
orders of this Court, the Director General of Police, Tamil Nadu issued two
circulars bearing Rc.No.159539/Crime.4(3)/2018, signed on 31.10.2018 and
Rc.007301/GenlI(1)/2019, dated 09.04.2019 setting out the conditions to be
imposed before permission is given for the Adal Padal program. Despite such
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W.P.(MD) No.12402 of 2023
circulars, the authorities to whom petitions are made for granting permission are
not acting upon the same.
14. The authorities, who are vested with the administrative duty of
permitting or not granting permission for the conduct of such programs in a
public arena, are time and again abdicating their responsibility as a result of
which such representations are now being converted into writ petitions and this
Court exercising constitutional jurisdiction is made to exercise the function which
is with the Police Department thereby lowering the dignity of this constitutional
office.
15. Therefore, this Court, in order to give a quietus to such issues, disposes
of this writ petition with the following directions:
(a) On the seventh day from the date of the receipt of the representation, for
the conduct of the cultural program (Adal Padal), associated with any
temple festival, if the authorities do not take steps either to grant
permission or reject permission, there shall be a deemed permission on the
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W.P.(MD) No.12402 of 2023
eighth day;
(b) On such deemed permission, the organisers, who shall be the responsible
members of the festival committee, shall ensure that only cultural programs
having some relevance to the temple or the festival in question would be
conducted and there shall not be any obscene display/dance being
conducted;
(c) The program shall not extend beyond 10 p.m.;
(d) No women participating in the cultural program would be depicted or
portrayed in an obscene or undignified manner either in the form of
clothing or otherwise;
(e) The music that shall be used shall be in sync with the precincts of the
temple and double meaning songs should not be played;
(f) There shall be no supply of alcohol or any intoxicating material in and
around the area where cultural program is scheduled to be held;
In case of violation of any conditions, it is open to the authorities to initiate such
action as is required under law and the persons who are the organisers/committee
members shall be held responsible. The Public Prosecutors shall ensure
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W.P.(MD) No.12402 of 2023
circulation of this order to the Superintendent of Police of all the Districts for
issuing suitable instructions to their subordinate officers. No costs.
[M.S.R., J.] [P.T.A., J.]
24.05.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
abr
To
1.The Superintendent of Police,
Thanjavur Distirct,
Thanjavur.
2.The Inspector of Police,
Peravoorani Police Station,
Thanjavur District.
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W.P.(MD) No.12402 of 2023
M.S.RAMESH, J.
and
P.T.ASHA, J.
abr
W.P.(MD) No.12402 of 2023
24.05.2023
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