G. R. SWAMINATHAN
P. R. Srinivasan – Appellant
Versus
Commissioner H. R. & C. E. , Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 5th respondent leading to pass the impugned order dated 13.05.2022 and quash the same.)
1. 'Our village will face divine wrath if the proposed Rath festival is not held tomorrow' – This fervent prayer of the writ petitioner made the Court to hold an emergent sitting from Nagercoil and conduct the case through Whatsapp.
2. The writ petitioner is the Hereditary Trustee of Arulmighu Abheeshta Varadarajaswamy Temple, Papparapatti Agraharam, Pennagaram Taluk, Dharmapuri District. His case is that every year the temple has been celebrating its car festival. The procession starts from the temple and runs through the four streets around the temple.
3. The procession takes about four hours and the distance covered is around half a kilometre. There are some eighty houses situated. This festival was being held year after year for the last eight decades without any break till the outbreak of Covid. Due to the restrictions imposed by the Administration, for the last two years the event could not be held. Following the lifting of restrictions,
The duty of authorities to ensure safety standards for temple car festivals and the constitutional obligation to preserve religious practices.
Court records assurance of compliance with temple festival guidelines, grants liberty for remedy on violation.
Court directs temple festival conduct by authorities without private privileges, mandating plastic ban and communal cleanup.
The custom of celebrating the temple festival annually and the use of Mandamus to ensure peaceful conduct.
The main legal point established in the judgment is the importance of following specific procedures for conducting temple festivals to avoid conflicts and maintain law and order.
The court emphasizes the need for police protection during religious festivals while recognizing the rights of multiple parties to celebrate.
Court directs Peace Committee to assess temple festival feasibility amid disputes and pending civil suit without injunction.
Disputes regarding individual honors in religious festivals are subject to adjudication under Section 63(e) of the HR & CE Act, and existing judicial orders preventing discriminatory honors must be s....
Cooperation with the Peace Committee Meeting and consideration of law and order condition are crucial factors in granting permission for conducting festivals.
The fundamental rights to assemble peaceably and practice religion, as well as the significance of centuries-old customs and religious practices, were central to the judgment.
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