2023 Supreme(Mad) 2825
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, D. BHARATHA CHAKRAVARTHY, JJ.
V.P. Sakthivel – Appellant
Versus
The District Collector, Thoothukudi District, Thoothukudi & Others – Respondents
W.P (MD) NO. 22525 Of 2023
Decided On : 14-09-2023
For the Petitioner:P. Saravanakumar, Advocate. For the Respondents: R1, P. Thilak Kumar, Government Pleader. R2, to R4, A. Thiruvadikumar, Additional Public Prosecutor.
Compliance with prescribed format for seeking permission as per government order.
Headnote:
Mandamus - Permission for Vinayagar Idols - The court directed the petitioner to submit an application in the prescribed format as per the government order, and upon submission, the concerned authority should consider and grant permission subject to reasonable conditions.
Fact of the Case:
The petitioner sought a writ of mandamus directing the respondents to grant permission for the erection of Vinayagar Idols and related activities.
Finding of the Court:
The court directed the petitioner to submit an application in the prescribed format as per the government order, and upon submission, the concerned authority should consider and grant permission subject to reasonable conditions.
Issues: Permission for erection of Vinayagar Idols and related activities.
Ratio Decidendi: The court emphasized the need for the petitioner to follow the prescribed format as per the government order for seeking permission.
Final Decision: The writ petition stands closed with the direction for the petitioner to submit the application in the prescribed format as per the government order.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to grant permission for the erection of the Vinayagar Idols in 7 places of the jurisdiction of the respondents 3 and 4 Police Stations limit on 18.09.2023 and to allow the performance of Pooja and the conduct of the Vinyagar Idols procession on 21.09.2023 and to authorise the immersion of the Vinayagar Idols are to be dissolved in the Tiruchendur Sea near Ayya Vaikundar Temple at Tiruchendur, Thoothukudi District in accordance with tradition and law and to provide adequate safety and security of the devotees and the general publi on the basis of the Petitioner’s representation, dated 02.09.2023.)
S.S. Sundar, J.
1. This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents to grant permission for the erection of the Vinayagar Idols in 7 places of the jurisdiction of the respondents 3 and 4 Police Stations limit on 18.09.2023 and to allow the performance of Pooja and the conduct of the Vinyagar Idols procession on 21.09.2023 and to authorise the immersion of the Vinayagar Idols are to be dissolved in the Tiruchendur Sea near Ayya Vaikundar Temple at Tiruchendur, Thoothukudi District in accordance with tradition and law and to provide adequate safety and security of the devotees and the general publi on the basis of the Petitioner’s representation, dated 02.09.2023.
2. Mr.P.Thilak Kumar, learned Government Pleader takes notice for the first respondent and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor takes notice for the respondents 2 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. When the matter is taken up for hearing today, the learned Government Pleader appearing for the first respondent produced before this Court a Government Order in G.O.Ms.No.598, Public(Law and Order.B)Department, dated 09.08.2018. Since several proposals have been received from the Police Officials throughout the State, after considering the necessity to maintain public peace, tranquility and safety issues, certain guidelines regarding installation and worship of Vinayagar idols, is given. It is stated that permission will be issued by the Assistant Commissioner of Police in Police Commissionerates and the Revenue Divisional Officer/Sub- Collector in other cases, in the prescribed format, which is annexed as Form-II to the guidelines.
4. The learned Government Pleader appearing for the first respondent as well as the learned Additional Public Prosecutor appearing for the respondents 2 to 4 states that if the Petitioner submits application in the prescribed format, it will be considered within a short span of time.
5. In such circumstances, the Petitioner is directed to submit application before the concerned authority as per G.O.Ms.No.598, Public(Law and Order.B)Department, dated 09.08.2018. On such application being filed by the Petitioner in the prescribed format as stated above, the respondent concerned shall consider the same and grant permission subject to reasonable conditions, as sought for in accordance with law.
6. With the above directions, the Writ Petition stands closed. No costs.