V.Sivakumar vs /
2024 Latest Caselaw 17796 Mad

Madras High Court

V.Sivakumar vs / on 6 September, 2024

Author: G.Jayachandran

Bench: G. Jayachandran

                                                                             W.P.No.26099 of 2024


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated:06.09.2024

                                                         Coram:

                                  THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

                                                 W.P.No.26099 of 2024

                     V.Sivakumar                                         .. Petitioner

                                                         /versus/

                     The Deputy Superintendent of Police,
                     Mannarkudi Sub-Division,
                     Thiruvarur Division,
                     Thiruvarur.                                         .. Respondent

                                    Writ Petition has been filed under Article 226 of the
                     Constitution of India, praying to issue a Writ of Certiorarified Mandamus
                     to call for the records pertaining to the impugned proceedings passed by
                     the respondent herein in Na.Ka.No.87/Thu.Ka.Ka./Mannai/2024, dated
                     24.08.2024 and quash the same and consequently direct the respondent
                     herein to permit the installation of Vinayagar Idols in the requested places
                     in representation dated 24.08.2024 by the petitioner.
                                    For Petitioner    :Mr.D.Kamatchi
                                    For Respondent    :Mr.S.Udaya Kumar
                                                       Govt.Advocate (Crl.Side)
                                                      -------




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https://www.mhc.tn.gov.in/judis
                                                                            W.P.No.26099 of 2024

                                                       ORDER

The petitioner herein, the District Secretary, Hindu Munnani

Organisation, Thiruvarur District (Needamangalam Union), has sought

permission to install Vinayagar idol at three places in

Vaduvoor during the Vinayagar Chathurthi festival and take procession

for immersion at Vadavaru Big Bridge River bunk. The said the

representation has been considered by the Deputy Superintendent of

Police, Mannarkodi Sub Division and rejected it vide, proceedings dated

24.08.2024 for all the three places. The rejection order is under challenge

stating that the reason stated for the rejection are per se untenable,

improper and contrary to the Constitutional Right conferred to citizen of

India and the judgment rendered by the Division Bench of this Court in

W.A.Nos.743 & 2064 of 2019 followed by W.P.Nos.29039 of 2023, etc.,

2. On perusing the impugned proceedings of the Deputy

Superintendent of Police, Mannarkodi, this Court finds that none of the

reasons carry merits for consideration and apparently the rejection order

is passed with malafide intention to prevent the petitioner from carrying

out the religious activity. The impugned order is contrary to the judgment

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

of this Court passed earlier. Hence, the impugned order stands quashed

and the petitioner is permitted to carry out the religious faith and activity

by installing the Vinayagar Idol in the place mentioned in the

representation and take out the procession peacefully in the route

mentioned in his representation, after giving undertaking to the

respondent that the procession will be carried out peacefully without

causing disturbance to the public transport and normal activity.

3. With the above observation, this Writ Petition is disposed of.

No costs.

06.09.2024

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

To:

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

1.The Deputy Superintendent of Police, Mannarkudi Sub-Division, Thiruvarur Division, Thiruvarur.

2.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

ari

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

06.09.2024

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