The court mandated that religious festivals must not obstruct public ways, emphasizing the communal responsibility of organizers to ensure safety while upholding constitutional rights.

JUDGMENT :

K.V. Jayakumar, J.

1. This Writ Petition is filed under Article 226 of the Constitution of India.

2. Sri. A. M. Udayan states that he is a devotee of Mannam Sree Subramanya Swamy Temple. He is a permanent resident of Thathapilly, which is within a four-kilometre radius from the temple. The annual festival of the aforesaid temple is being conducted by the 6th respondent/Managing Committee in the months of January and February 2026. The festival of this year commenced on 23.01.2026 and ended on 01.02.2026.

3. The petitioner further states that there is a longstanding practice of conducting the 'kavadi' procession along the PWD public roads, blocking the ingress and egress in Aluva-Paravur Road, Mannam-Peruvaram, Mannam-Thathappilly Road, and the surrounding public streets and spaces in connection with the annual festival of the temple. It is contended that such processions result in the obstruction of ingress and egress, thereby impeding the free movement of residents, particularly the elderly and students, and disrupting the normal course of daily life. Furthermore, the procession purportedly creates a life-threatening hazard by obstructing the passage of emergency vehicles, including ambulances and fire engines. It is in this backdrop, the petitioner approached this Court with the following reliefs:

“a) A Writ of Mandamus or any other appropriate writ, order, or direction commanding the Respondents 2 to 5 to ensure that the temple festival is confined strictly within the boundaries of the temple property;

b) A Writ of Mandamus or any other appropriate writ, order, or direction directing the respondents 2 to 4 to prevent obstructions on the public road pedestrian pathways that hinder the free movement of traffic and the general public;

c) A Writ of Mandamus or any other appropriate writ, order, or direction commanding the Respondents 2 to 5 to consider and pass orders on the Ext P1, P2 and email complaints submitted by the petitioner before the commencement of the festival scheduled to be held on 31.01.2026 and 01.02.2026;

d) A Writ of Mandamus or any other appropriate writ, order, or direction directing the 6th respondent to conduct all festival activities of the temple within the temple premises, without causing obstructions to traffic or public life;

e) A Writ of Mandamus or any other appropriate writ, order, or direction to the 4th respondent to ensure free flow of traffic, maintenance of law and order, and compliance with noise pollution norms during the festival period;

f) Declare that permitting religious festivals on public roads, despite availability of sufficient temple land, is illegal and unconstitutional.”

4. This Court, after considering the submissions of the parties and examining the facts and circumstances of the case, by an interim order dated 30th January 2026, issued the following directions:

1. The 4th respondent/Superintendent of Police (Rural) shall make necessary arrangements for the smooth conduct of the activities connected with the festival, particularly the kavadi procession passing through the public roads, hereinbefore stated, avoiding traffic blocks and related issues, in consultation with the 6th respondent/Managing Committee of the temple.

2. The 4th respondent shall make necessary arrangements to ensure that the entire width of the road is not occupied by the devotees during the kavadi procession by demarcating the designated route through which the procession and participants shall pass.

3. The 4th respondent shall undertake such other measures as may be necessary to facilitate