M.Kaleeswaran @ Krishnan v. The District Collector

O R D E R

Heard both sides.

¶2This Writ Petition is filed to quash the impugned order in C.No.105/CO-U/PRO-Reg/2025 dated 10.08.2026 passed by the fourth respondent and consequently directing the respondents to grant permission and police protection to install Vinayagar idol in front of Uthamapalayam temple car and take out procession on

14.09.2026 as part of Vinayagar Chathurti festival.

¶3The learned counsel for the petitioner submitted that the petitioner, who is residing at Uthamapalayam, South Mart Street, Theni District, is planning to install a Vinayagar idol in front of the Uthamapalayam temple car and take out a procession on 14.09.2026 as part of the Vinayagar Chathurthi festival. Since the said representation has been rejected, the present writ petition has been filed.

¶4The learned State counsel submitted that there is a Government Order in G.O.(Ms.) No.598, Public (Law and Order-B) Department, dated 09.01.2018, prescribing guidelines for the installation and worship of Vinayagar idols and their immersion. As per the said guidelines, persons intending to celebrate Vinayaka Chathurthi are required to submit an application in Form No.I to the designated authority, namely, the Assistant Commissioner or the Revenue Divisional Officer concerned, as the case may be. The applicant is also required to produce the necessary No Objection Certificates (NOCs) from the various Departments.

¶5The learned counsel for the petitioner submitted that, as per the Government Order referred to above, for the petitioner's village, the police have no jurisdiction to grant permission and that only the Revenue Divisional Officer is the competent authority. Without being aware of the prescribed procedure, the petitioner submitted the application to the police. Since the same was rejected, the petitioner has to work out his remedy before the RDO by submitting an application in Form No.I. Therefore, the petitioner seeks a suitable direction to the RDO to consider the application in Form No.I, to be filed by the petitioner in due course, at the earliest, by fixing a time schedule so as to enable the petitioner to proceed with the proposed celebration.

¶6The learned State counsel submitted that, as per the Government Order, there are certain places, viz., hospitals, educational institutions and other such places, where the installation of Vinayagar idols is not permitted, taking into consideration communal issues, law and order concerns, traffic regulations and other relevant aspects. If the petitioner follows the Government Order in letter and spirit, the RDO may obtain the necessary instructions or report from the police before granting permission, and the matter can thereafter be considered in accordance with the prescribed procedure.

¶7Therefore, the petitioner is directed to follow the Government Order in its proper manner and submit an application in Form No.I before the RDO for obtaining permission. Upon receipt of such application, the RDO is directed to consider and dispose of the same within a period of one week from the date of receipt thereof.

¶8With the above observations, this Writ Petition is dismissed.

Index : Yes / No

21.08.2026

Internet : Yes NCC : Yes / No LS TO

¶1The District Collector, Office of the District Collector, Theni District, Theni-625 531.

¶2The Superintendent of Police, Office of the Superintendent of Police, Theni District, Theni-625 531.

¶3The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Uthamapalayam Revenue Division, Uthamapalayam, Theni District.

¶4The Inspector of Police, Uthamapalayam Police Station, Theni District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Note: Issue order copy on 21.08.2026 DR. P. MURUGAN,J. LS

WP.CRL.(MD) No.4772 of 2026

21.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.08.2026 CORAM THE HONOURABLE DR. JUSTICE P.MURUGAN WP.Crl.(MD). No.4772 of 2026 M.Kaleeswaran @ Krishnan, ... Petitioner Vs. 1. The District Collector, Office of the District Collector, Theni District, Theni-625 531. 2. The Superintendent of Police, Office of the Superintendent of Police, Theni District, Theni-625 531. 3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Uthamapalayam Revenue Division, Uthamapalayam, Theni District.. 4. The Inspector of Police, Uthamapalayam Police Station, Theni District. ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorified Mandamus, calling for the entire records connected with the order in C.No. 105/CO-U/PRO-Reg/2025 dated 10.08.2026 passed by the fourth respondent and quash the same, consequently directing the respondents to grant permission and police protection to install Vinayagar idol in front of Uthamapalayam temple car and take out procession on 14.09.2026 as part of Vinayagar Chathurti festival. For Petitioner : Mr.S.Malaikani For Respondents : Mr.D.Rajaboopathy, Government Advocate (Crl.Side) for R2 to R4 : Mr.A.Sivasubramanian, Additional Government Pleader for R1