Yogeshkumar v. The District Collector

ORDER This Writ Petition is filed under Article 226 of the Constitution of India seeking for a mandamus directing the respondents police to grant the permission and protection to conduct Vinayagar Sathurthi at 18 places from 18.09.2023 to

23.09.2023 at Vedasandoor and to immerse the said idols through a procession on

23.09.2023.

¶2It is submitted by the learned counsel for the petitioner that the petitioner is the General Secretary of the Vedasandoor constituency of Hindu Tamilar Kachi and every year they conduct Vinayagar Chaturthi in a grand manner and the said festival is being celebrated since many years. The petitioner's party decided to conduct the festival on 18.09.2023 at Vedasandoor by installing idols at 18 various places mentioned in the petition and after offering pooja for five days will take all the idols as a procession on 23.09.2023 by taking en route to R.S.Colony, Salai Theru, Kadai Veethi, Bus Stand, Athumedu and finally through Police Colony and immerse all the idols on 23.09.2023 in the river bed.

3.The petitioner's Hindu Tamilar Kachi filed a representation dated

28.08.2023 to the respondents police for permission and also protection for performing pooja for five days and for taking the procession thereby to immerse the idols in the river bed. However, the said permission has not been granted so far thereby sought for suitable directions.

¶4Learned Government Advocate (Crl. Side) on the other hand submits that the police have got objection for granting permission as the petitioner intend to install more number of idols and also intend to take procession route through the sensitive places where people of other religions are living which may likely to create adverse impact and if any untoward incident happens thereby peace and tranquillity of the society will get disturbed not only in this town but also entire district.

¶5This Court on 21.08.2020 in W.P.Nos.11366 and 11467 of 2020 (Ela.Ganapathi v. Government of Tamil Nadu, rep. by its Chief Secretary, Chennai) has issued a slew of directions which read as follows:-"13. Accordingly, the writ petitions stands disposed of with the following directions:-

(i) Individuals are permitted to have their Vinayaga idols after the performance of the ceremony in front of their respective houses.

(ii) Individuals are permitted to drop the Vinayaga idols at the entry point of the temples. This direction is issued by taking note of Clause (3) of para 2 of the order under challenge which does not prohibit even the worship before the temples coming under certain categories.

(iii) Individuals are allowed to immerse the idols which can be carried out only by a single person in the water bodies. No such activities shall be carried out in the stretch between Santhome to Napier bridge.

(iv) The permission given is restricted only to the individuals alone and therefore, there is a total bar to undertake the same activities by organisations.

(v) The aforesaid directions are subject to the regular restriction which are already in vogue including the time restriction and the social distancing.

(vi) For any violation of these directions, the respondents are at liberty to take appropriate action in the manner known to law as they are applicable only to the individual cases alone."

¶6At this juncture, the petitioner has come forwarded with the proposal that the petitioner's party will install idol at one place and take the procession in a route as advised by the respondents police so that the procession will not pass through any sensitive places.

¶7Learned Government Advocate (Crl. Side) submits that in case if the procession is being taken out in the areas specified by the police and install the idols at the place where there is not dispute, the respondents police will not have any objection to grant permission and also providing suitable protection.

¶8Accordingly, this Writ Petition is disposed of directing the petitioner to file fresh application by identifying one suitable place in consultation with the police to conduct the festival for installation of idol to perform pooja from

18.09.2023 to 23.09.2023 and to take out the procession in a route advised by the police and to immerse the idol on on 23.09.2023. The respondents police are directed to grant permission keeping in mind the directions issued by this Court in W.P.Nos.11366 and 11467 of 2020 in Ela.Ganapathi's case (supra) and by following the guidelines issued by the Pollution Control Board. No costs.

Speaking : Yes / No

13.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note ; Issue order copy on 15.09.2023 To

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

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Palani, Dindigul District.

3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

4.The Deputy Superintendent of Police, Vedasandoor Sub Division, Vedasandoor, Dindigul District.

5.The Inspector of Police, Vedasandoor Police Station, Dindigul, Dindigul District.

DR.D.NAGARJUN, J. mm

13.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023 CORAM THE HONOURABLE DR.JUSTICE D.NAGARJUN Yogeshkumar ... Petitioner /vs./ 1.The District Collector, Office of the District Collector, Dindigul District. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Palani, Dindigul District. 3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District. 4.The Deputy Superintendent of Police, Vedasandoor Sub Division, Vedasandoor, Dindigul District. 5.The Inspector of Police, Vedasandoor Police Station, Dindigul, Dindigul District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No. 3, 4, 5 herein to permit the petitioner to perform the Ganesa Pooja from 18.09.2023 till 23.09.2023 at the above 18 places at Vedasandoor and also to immerse the said Idols through a procession on 23.09.2023 from 5 PM onwards at Kudaganari, Vedasandoor with Police Protection by considering the petitioner's representation dated 28.08.2023 within the time stipulated by this Court. For Petitioner : Mr.R.Mohan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)