P.Saravana Kumar v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.16035 of 2017 P. Saravana Kumar ... Petitioner -Vs1.The Deputy Superintendant of Police, Samayanallur, Madurai District.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to grant necessary permission and provide adequate protection for installing Vinayagar Statue at T.Puthukudi, Achampathu, Madurai District in pursuance to Vinayagar Chathurthi scheduled on 25.08.2017 and its consecutive function on 26.08.2017 on the basis of the representation dated 22.08.2017. For Petitioner : Mr.K.Renganathan For Respondent : Mr.S.Sadhishkumar Special Government Pleader.

O R D E R

This Writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents herein to grant necessary permission and provide adequate protection for installing Vinayagar Statue at T.Puthukudi, Achampathu, Madurai District in pursuance to Vinayagar Chathurthi scheduled on 25.08.2017 and its consecutive function on 26.08.2017 on the basis of the representation dated 22.08.2017.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.

3.The learned counsel for the petitioner submitted that every year the villagers have jointly conducted Vinayagar Chadurthi Festival and this year also the villagers jointly decided to conduct Vinayagar Chadurthi Festival and its consecutive function on 25.08.2017 and 26.08.2017, at T.Puthukudi, Achampathu, Madurai

District. He further submitted that in this connection, a representation was also given to the respondent on 22.08.2017, with a request to grant permission and protection to conduct the programmes on the above said dates. In the representation of the petitioner, dated 22.08.2017, the petitioner has stated the particulars of the place, in which the Vinayagar Idol is kept. It is also stated the manner, in which the Pooja and other things should be performed, as decided by the public as well as the members of the committee, who have undertaken to organize the Vinayagar Chadurthi Festival. In such circumstances, the petitioner states that they are entitled to get permission and also police protection for two days, namely on 25.08.2017 and 26.08.2017.

4.The learned Additional Government Pleader, on instructions, submitted that within the jurisdiction of Nagamalai Pudukottai Police Station already permission is granted to installation of idol in 7 places, except the said places no other places permission is granted. He further stated that T.Pudukudi is abutting, Madurai to Theni, National Highway 85 and that installation of idol adjoining the main road will cause traffic hindrance.

5. However, the learned counsel appearing for the petitioner submitted that the villagers have chosen only village discrimination as a place for installation of idols and they have also decided not to take the Vinayagar Idol for procession out side the village. He also represented that the villagers have proposed to immerse the idol in the village Oorani.

6. In the circumstances this Court is not in a position to sustain the objections of the learned Government Additional Government Pleader appearing for the respondents.

7. In the said circumstances, this Court is inclined to allow the Writ Petition and the respondents are directed to permit the petitioner to conduct Vinayagar Chadurthi Festival and its consecutive function and to provide adequate police protection on 25.08.2017 and 26.08.2017 at T.Puthukudi, Achampathu, Madurai District, subject to the following conditions: (a)The programme proposal indicated in the application dated 22.08.2017, should be strictly adhered to. If, the respondent has any suggestion regarding the procession, so as to avoid nuisance or to preserve public order and communal harmony, the petitioner is directed to co-operate fully without any deviation. (b)The petitioner and the organizers shall conduct the programme in a peaceful manner without causing any hindrance to the public, affecting their normal life or causing any problem or provoking anyone belonging to any other religions.

(c)The petitioner and his men shall abide by any other restrictions or conditions that may be put by the respondent during the performance of Pooja or any other religious ceremony. (d)The place in which the Vinayagar Statue is located should be intimated to the respondents well in advance. (e)There will not be any song or slogan or dance affecting the religious sentiments of any other religion;

(f) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants; (g) The petitioner and their men shall provide sufficient security to the idols installed by them on their own and the petitioner can not expect the respondent to provide any police force to be deployed at the place when the idols of Lord Vinayagar is installed.

(h) no flex boards in support of any political party or religious leader or community be erected;

(i) if there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance; (j)the participants of the programme shall not intake any kind of in-toxic substance or liquor during the procession; and (k) if any untoward incident takes place, the organizers of the programme be made responsible for the same.

6. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. The Writ Petiton is allowed accordingly. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Deputy Superintendant of Police, Samayanallur, Madurai District.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

+1CC TO M/S.K.Renganathan , ADVOCATE, SR NO.74054 W.P.(MD) No.16035 of 2017 24.08.2017 SDS/ SV MMS/SAR 1/ 24.08.2017/ 4P.4C