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2018 Supreme(Mad) 298
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAVICHANDRABAABU, J.
C. Vaidyanthan Achari, Executive Trustee, Sri Kamachi Amman Devasthanam, Cuddalore - Petitioner
Versus
The Regional Divisional Officer, Sub Collector Office, Cuddalore-1 & Others - Respondent
W.P. No. 6986 of 2018 & W.M.P. No. 8635 of 2018
Decided On : 23-03-2018
For the Petitioner:Chitra Sampath, Senior counsel, T.S. Baskaran Advocate.
For the Respondents: R. Govindasamy, Special Government Pleader, M. Maharaja, Special Government Pleader.
The significance of centuries-old religious customs and practices and the limitations on denying permission based on administrative inconvenience or anticipated incidents unless the events have become unlawful.
Headnote:
Temple Car Festival - Denial of Police Permission - Agama Sastras - Writ Petition - [Temple Car Festival] - [Agama Sastras] - [No specific act or section referenced] - The court considered the denial of police permission for the temple car festival and emphasized the significance of the centuries-old religious customs and practices, stating that administrative inconvenience or anticipated incidents cannot be cited as reasons to stop such events unless they have become unlawful. The court directed the first respondent to consider the petitioner's request in light of previous court orders and instructed the police to provide sufficient protection during the festival.
Fact of the Case:
The petitioner, the Executive Trustee of Sri Kamachi Amman Devasthanam, challenged the denial of police permission to conduct the car festival on the grounds of public safety and lack of permission from the Revenue Department. The petitioner sought a direction to permit the festival as per the custom followed by the temple.
Finding of the Court:
The court found that the denial of permission based on administrative inconvenience and anticipated incidents was not justified, emphasizing the significance of the centuries-old religious customs and practices. The court directed the first respondent to consider the petitioner's request in light of previous court orders and instructed the police to provide sufficient protection during the festival.
Issues: Denial of police permission for the temple car festival, significance of centuries-old religious customs and practices, administrative inconvenience as a reason for denial of permission.
Ratio Decidendi: Administrative inconvenience or anticipated incidents cannot be cited as reasons to stop centuries-old religious customs and practices unless they have become unlawful. The first respondent should consider the petitioner's request in light of previous court orders, and the police should provide sufficient protection during the festival.
Final Decision: The writ petition was disposed of accordingly, with the court directing the first respondent to consider the petitioner's request and instructing the police to provide sufficient protection during the festival. No costs were awarded.
1. Mr. R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 to 6 and Mr. M.Maharaja, learned Special Government Pleader takes notice for the 7th respondent.
2. The petitioner, claims to be the Executive Trustee of Sri Kamachi Amman Devasthanam, Cuddalore-3, has filed this writ petition challenging the order of the 5th respondent dated 20.03.2018, denying police permission to conduct the car festival on 31.03.2018 on the reason that the petitioner did not obtain permission from the Revenue Department and that there is likelihood of danger to the public safety at the time of such festival, since the same is proposed to be conducted during night hours. Consequently, the petitioner seeks for a direction to the first respondent to permit the petitioner Temple to take out the Temple car during night time on the day of Panguni Uthiram festival every year as per the custom followed by the petitioner Temple and to provide necessary protection and co-operation by the respondents for conduct of the said festival as per the Sastras.
3. Heard, Mrs.Chitra Sampath, learned senior counsel appearing for the petitioner, Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents 1 to 6 and Mr.M.Maharaja, learned Special Government Pleader appearing for the 7th respondent.
4. The petitioner is representing a denominational temple called Sri Kamachi Amman Temple at Cuddalore. It is stated that the administration of the said Temple is vested with the Board of Trustees elected from the Vishwakarma Community residing in Cuddalore. It is further stated that during the month of Panguni, the Temple car is taken out on the day when the star 'Utharam' and Lagnam 'Magharam' fall which is invariably during midnight. It is further stated that such custom and practice are being carried on every year for the past more than 200 years as per Agama Sastras. However, every year the Temple has to make an application before the Revenue Divisional Officer to grant permission to conduct such car festival during such night hours. For the present year, the said festival has to take place on 31.03.2018 between 1.30 a.m. and 2.30 a.m.. The Temple made an application before the first respondent on 13.02.2018 and sought permission. The first respondent, in turn sought a report from the 5th respondent police, who in turn, passed the present impugned order.
5. Learned senior counsel for the petitioner submitted that under similar circumstances, the petitioner approached this Court and filed writ petitions during the years 2015, 2016 & 2017 and on all such occasions, this Court has considered the time schedule of such car festival and permitted the petitioner to conduct such festival in the night hours on those years. Therefore, she submitted that for the present year also, there cannot be any difficulty for the first respondent to grant permission which he has not given so far. She further contended that the 5th respondent cannot change the centuries' old custom and practice in conducting such festival during night hours by anticipating that some accident will take place if the car festival is conducted during night hours. Therefore, she sought for a direction to the first respondent to grant permission to the petitioner to conduct such festival also by issuing further direction to the police to extend necessary protection for the same.
6. Learned Special Government Pleader, based on instructions, submitted that the application filed by the petitioner is pending before the first respondent, who will pass orders on merits and in accordance with law, also after considering the report filed by the police.
7. Heard both sides.
8. There is no dispute to the fact that the petitioner is a denominational temple. It is also not in dispute that the petitioner temple is conducting car festival every year in the month of 'Panguni' during night hours when the star 'Utharam' and Lagnam 'Magharam' fall at a particular point of time.
