Mangaimanivizhi Nachiar.V v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY V.Mangaimanivizhi Nachiar ... Petitioner Vs.
The District Collector, Virudhunagar District, Virudhunagar.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to grant permission for the celebration of "220th Annual Guru Pooja" to Maamannar Maruthu Pandiyar Temple at Narikudi-Mukkulam on 27.10.2021 and consequently direct the other authority like police and local authority to render their coordination for the great function and consider the petitioner's representation dated 16.09.2021.
For Petitioner : Mr.S.Sivakumar For Respondent : Mr.P.Subbaraj, Counsel for State.
ORDER
The petitioner seeks permission for the celebration of the 220th Annual Guru Pooja at the Maamannar Maruthu Pandiyar Temple at the Narikudi-Mukkulam on 27.10.2021.
2. In course of hearing, Mr.P.Subbaraj, learned counsel for the State, who appears on behalf of the sole respondent produced a communication dated 20.10.2021 issued by the Inspector of Police, Narikudi, whereby permission was granted for the conduct of the Guru Pooja subject to eight (8) conditions stipulated therein. The key conditions are that Annathanam is not permitted and that the use of sound systems and serial lights is not permitted. At the hearing today, learned counsel for the petitioner makes a fervent request that Annathanam should be permitted. In order to ensure adherence to the COVID-19 protocol, the petitioner states that the congregation of people for such purpose would be avoided by distributing food packets instead of allowing people to sit and partake of food. The second request is that serial lights should be permitted.
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3. The risk with permission to undertake Annathanam is that it typically entails the congregation of people for purposes of eating. In the prevailing situation, such congregation is inadvisable because the COVID-19 pandemic has not fully receded. At the same time, the petitioner's request that distribution of food packets be permitted appears reasonable subject to conditions. As regards serial lights, as long as such lights are used within a reasonable radius from the relevant temple, such request is also reasonable.
4. Accordingly, W.P(MD).No.17933 of 2021 is disposed of by permitting the conduct of the 220th Annual Guru Pooja of Maamannar Maruthu Pandiyar Temple as per the terms and conditions set out in the communication dated 20.10.2021 subject to the modifications set out below:
(i) The Organizing Committee of the Guru Pooja is permitted to distribute food packets on condition that not more than five (5) persons congregate at a time to receive such food packets. The time limit stipulated in the order should also be complied with in this regard.
(ii) The Organizing Committee of the Guru Pooja is also permitted to install limited serial lighting in and around the temple.
(iii) All other terms and conditions set out in the communication dated 20.10.2021 shall be strictly adhered to.
(iv) The petitioner shall be responsible if there is any breach thereof.
There will be no order as to costs.
Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/LM Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To The District Collector, Virudhunagar District, Virudhunagar.
26.10.2021 MGJ(26.10.2021) 3P 2C 3/3