Madras High Court
Sridhar vs The District Collector on 10 September, 2024
Author: R.Vijayakumar
Bench: D.Krishnakumar, R.Vijayakumar
W.P(MD).No.21671 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.09.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR,
ACTING CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD).No.21671 of 2024
and WMP(MD)No.18302 of 2024
Sridhar .. Appellant
Vs
1.The District Collector,
Dindigul District.
2.The Superintendent of Police,
Dindigul District.
3.The Joint Commissioner / Executive Officer,
Arulmigu Dhandayuthapani Swami Thirukovil,
Palani, Dindigul District.
4.The Revenue Divisional Officer,
Palani, Dindigul District.
5.The Tahsildar,
Palani Taluk, Dindigul District.
6.The Deputy Superintendent of Police,
Palani, Dindigul District. ..Respondents
1
https://www.mhc.tn.gov.in/judis
W.P(MD).No.21671 of 2024
PRAYER: Writ Petition filed under Article 226 of the Consitution of India
praying for issuance of a Writ of Certiorarified Mandamus calling for the
records pertaining to the impugned order passed by the 6th respondent in his
proceedings in Na.Ka.No.316/PLN/SDO/2024 dated 08.09.2024 and quash
the same and consequently directing the respondents to grant permission
and protection for conducting the Vinayagar Idol Procession starting from
Palani Adivara Patha Vinayagar Temple to Shanmuga River via Palani
Giriveethi and immerse in the Shanmuga River on 13.09.2024 and
14.09.2024.
For Petitioner : Mr.Babu for M/s.P.Kalimuthu
For Respondents : Mr.Veerakathiravan,
Additional Advocate General,
assisted by
Mr.N.Satheesh Kumar, AGP for R1, R4 & R5
Mr.R.Bharanidharan for R3
Mr.T.Senthil Kumar,
Assistant Public Prosecutor for R2 and R6
----
ORDER
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
By consent, this Writ Petition is taken up for final disposal.
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2. This Writ Petition has been filed challenging the impugned order
of rejection passed by the sixth respondent dated 08.09.2024 and for a
direction to the respondents to grant permission and protection for
conducting the Vinayagar Idol Procession starting from Palani Adivara
Patha Vinayagar Temple to Shanmuga River via Palani Giriveethi and
immerse in the Shanmuga River on 13.09.2024 and 14.09.2024.
3. It is the case of the petitioner that during Vinayagar Chathurthi,
they worship Vinayagar idol and then take in the Vinayagar Idol Procession
starting from Palani Adivara Patha Vinayagar Temple to Shanmuga River
via Palani Giriveethi and immerse in the Shanmuga River and as per the
tradition and custom, this year also they have proposed to conduct the
festival of Vinayagar procession on 13.09.2024 and 14.09.2024. According
to the petitioner, after fixing the dates for the festival, when their committee
members approached the respondents 3 and 6 and submitted their
representation dated 05.09.2024 requesting them to grant permission for
conducting Vinayagar procession, it was rejected by the 6th respondent, vide
impugned order dated 08.09.2024, citing the reason that permission cannot
be granted to conduct Vinayagar procession in Giriveethi in the light of the
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order passed by this Court. Challenging the aforesaid order of the 6 th
respondent, the present writ petition has been filed.
4. The learned counsel for the petitioner would submit that there are
28 Vinayagar Idols to be taken in the procession starting from Palani
Adivara Patha Vinayagar Temple to Shanmuga River via Palani Giriveethi
and to immerse in Shanmuga River and seeks for appropriate direction to
the respondents to permit them to conduct the Vinayagar Procession on
13.09.2024 between 04.00 to 08.00 p.m..
5.Mr.Veerakathiravan, learned Additional Advocate General
appearing for the respondents 1, 4 and 5 would submit that in the light of
the directions passed by this Court in Cont.P.(MD) No.1671 of 2018, entry
of vehicles through the Giriveedhi is strictly restricted and therefore, the
sixth respondent has rightly rejected the representation submitted by the
petitioner.
6. Mr.R.Bharanidharan, learned Standing Counsel for the
Devasthanam Board, Palani submits that the Devasthanam Board have no
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objection in carrying the 28 Vinayagar Idols manually inside the Giriveedhi
and they are objecting only with regard to entry of vehicles inside the
Giriveedhi, otherwise they would be put to hardship to maintain the
Giriveethi since large number of crowd is expected during the said period.
7. In view of the aforesaid submissions, we are inclined to pass the
following order:
(i) The impugned order of the 6th respondent, vide proceedings in
Na.Ka.No.316/PLN/SDO/2024 dated 08.09.2024 is set aside;
(ii) The petitioner shall file an undertaking affidavit before the
authorities concerned to the effect that they are only seeking permission for
manual carrying of the 28 Vinayagar Idols in the Giriveedhi on 13.09.2024
between 04.00 pm to 08.00 p.m without any entry of their vehicles in
Giriveedhi.
(iii) On such undertaking being filed by the petitioner, the
respondents shall pass appropriate orders on or before 12.09.2024, granting
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permission to the petitioner, by imposing usual conditions, to take the 28
Vinayagar Idols manually in the Giriveedhi on 13.09.2024 between 04.00
pm to 08.00 p.m without any entry of their vehicles in Giriveedhi.
(iv) It is needless to say that during the Vinayagar Procession, the
petitioner shall ensure that they shall not cause any hindrance / obstruction /
hardship to the devotees, local residents and public and shall not create any
law and order problem.
8. The Writ Petition stands disposed of with the above directions.
No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., A.CJ.] [R.V.J.]
10.09.2024
Internet: Yes/No
Index : Yes/No
Jvm
To
1.The District Collector,
Dindigul District.
https://www.mhc.tn.gov.in/judis
2.The Superintendent of Police,
Dindigul District.
3.The Joint Commissioner / Executive Officer,
Arulmigu Dhandayuthapani Swami Thirukovil,
Palani, Dindigul District.
4.The Revenue Divisional Officer,
Palani, Dindigul District.
5.The Tahsildar,
Palani Taluk, Dindigul District.
6.The Deputy Superintendent of Police,
Palani, Dindigul District.
https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
and
R.VIJAYAKUMAR, J.
Jvm
10.09.2024
https://www.mhc.tn.gov.in/judis
