Madras High Court

S.Anandraj vs / on 6 September, 2024

Author: G.Jayachandran

Bench: G. Jayachandran

                                                                           W.P.No.25952 of 2024


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated:06.09.2024

                                                         Coram:

                                  THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

                                                W.P.No.25952 of 2024

                     S.Anandraj                                        .. Petitioner

                                                         /versus/

                     1.The District Collector,
                     Office of the District Collector,
                     Perambalur District,
                     Perambalur.

                     2.The Superintendent of Police,
                     Perambalur District,
                     Perambalur.

                     3.The Revenue Divisional Officer,
                     Perambalur District,
                     Perambalur.

                     4.The Inspector of Police,
                     V.Kalathur Police Station,
                     Perambalur District,
                     Perambalur.                                       .. Respondents

                                    Writ Petition has been filed under Article 226 of the
                     Constitution of India, praying to issue a Writ of Mandamus to direct the
                     respondents to give permission to install the Vinayagar Idol on

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https://www.mhc.tn.gov.in/judis
                                                                             W.P.No.25952 of 2024

                     06.09.2024 morning in front of the V.Kalathur Vinayagar Temple and to
                     conduct poojas for three days and take it by way of procession on the
                     evening of 08.09.2024 for immersion based on the petitioner's
                     representation dated 23.08.2024 at the earliest possible date.

                                  For Petitioner     :Mr.G.Karthikeyan, Senior Counsel
                                                     for Mr.V.Karthick

                                  For Respondents    :Mr.S.Udaya Kumar
                                                      Govt.Advocate (Crl.Side)
                                                     -------
                                                     ORDER

This Writ Petition was disposed of by this Court on 05.09.2024

directing the petitioner herein to give representation for installing the

Vinayagar Idol and take procession in the alternate route suggested by the

respondents police.

2.Mr. G.Karthikeyan, the learned Senior Counsel appearing for

the petitioner mentioned in the morning for review the order on the

ground that the said direction is contrary and against the dictum laid

down by the Hon'ble Division Bench of this Court in W.A.Nos.743 and

2064 o 2019 dated 30.04.2021.

https://www.mhc.tn.gov.in/judis

3.The issue involved in this writ petition is to grant permission

to celebrate Vinayagar Chaturthi festival by installing Vinayagar Idol in

the village of the petitioner and to take out procession in a specific route

mentioned in the representation.

4.When the writ petition came up for consideration on

04.09.2024, the learned Government Advocate (Crl.Side) took time to get

instructions. Thereafter, on 05.09.2024, a detailed counter filed stating

certain reason and incidents took place earlier in that area and suggested

that the installation of the Vinayagar Idol shall be at Rayappa Temple

instead of Vinayagar Temple in that village and the procession shall be

through Rayappa Nagar, Thaikkal Junction, Indira Nagar, Ayan Periyar

Road, Chennai-Trichy Bye-pass Road. Accordingly, recording the said

submission, this Writ Petition was disposed of as stated above.

5. However, today morning it was represented by the learned

Senior Counsel for the petitioner that the said route suggested by the

Government is almost uninhabitated route and furthermore, the reason for

refusing the route in which the petitioner sought for procession is

https://www.mhc.tn.gov.in/judis

absolutely improper, illegal and contrary to the dictum of the Hon'ble

Division Bench in the judgment rendered in Ramasamy Udayar v. The

District Collector, Perambalur District, Perambalur in W.A.Nos.743 and

2064 of 2019 dated 30.04.2021 (cited supra).

6. After much deliberation and consultation with the learned

Senior Counsel appearing for the petitioner and the learned Government

Advocate(Crl.Side), the learned Senior Counsel appearing for the

petitioner submitted that visarjanam of Vinayagar Temple installed at

Vinayagar Temple may be permitted tobe taken in procession through

Vinayagar Kadaiveethi, Main road and reached Perambalur Road

Byepass to reach Kavery river for immersion.

7. The learned Senior Counsel also submitted that the request of

the petitioner dated 23.08.2024 to carry out the procession through

Vinayagar Kadai Veethi, Main Road, Rayappa Koil, Trichy Kaveri river

may be reconsidered and permission may be granted for procession from

Vinayagar Temple through the main road upto bye-pass of Perambalur

road and then towards Kaveri river.

https://www.mhc.tn.gov.in/judis

8. The learned Government Advocate (Crl.Side) seriously

objected the plea of alternate route other than what suggested and stated

that there will be a serious law and order problem, if the procession is

allowed to pass any other route and it is difficult for the State to provide

protection. However, he would submit that, as far as Perambalur District

is concerned, the Police has granted permission for installing more than

235 Vinayagar Idols and for procession. Whereas this particular place

being communally sensitive and the route other than the route suggested

by the Government involves security risk, the permission cannot be

granted.

9. After giving serious consideration of the objection made by

the learned Government Advocate (Crl.Side) as well as the averments

made in the counter, this Court finds that the issue centres around the

alleged disharmony between two communities in that village and past

incidents leading to registration of criminal cases against each other. This

Court cannot loose sight of the fact that the said issue been dealt at

length by the Hon'ble Division Bench of this Court in Ramasamy Udaiyar

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case (cited supra), wherein this Court had categorically held that there

cannot be restriction for procession through locality where the members

of the other community reside. The Hon'ble Division Bench has made it

very clear that order prohibiting the religious festival and temple

procession through the roads and streets of the villages cannot be

prohibited, but can be regulated.

10. Having brought to the notice of this Court, the observation

of the Hon'ble Division Bench of this Court with respect to the very same

village and also very same issue, this Court is of the firm view that the

District Administration as well as the Police cannot deprive the right of

the petitioner herein to take procession of the deity in a particular route.

11. The learned Senior Counsel appearing for the petitioner

taking note of the predicament of the State has now come forward to

suggest alternate route which is substantial the Main Road, will not cause

much interference to the traffic flow taking the procession on a Sunday

i.e on 08.09.2024. Therefore, in modification of the order

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dated05.09.2024, the following direction is issued:-

(a)The petitioner herein shall install the temporary Vinayagar

Idol in front of the Vinayagar Temple of the V.Kalathur Village.

(b)The procession shall commence on 08.09.2024 before 3.00

p.m., and the entire process of immersion should be completed before

sunset, preferably before 06.00 p.m.

(c)The organiser of the festival should give an undertaking

affidavit to the respondents police (local police) that the procession will

be conducted peacefully and no disturbance will be caused to the general

public and will be personally responsible for any untoward incident.

(d)The respondent police to ensure that no untoward incident

shall happen within or outside the procession, take videograph of the

entire procession.

12. With the above directions, this Writ Petition is disposed of.

No costs.

06.09.2024

Index:yes/no

https://www.mhc.tn.gov.in/judis

Neutral citation:yes/no ari Note:Issue order copy on 06.09.2024

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