The right to worship based on religious faith and the prohibition of discrimination in granting permissions for religious celebrations.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 and 3 to give permission to conduct Vinayagar Sadhurthi festival scheduled at Sri Angala Parameswari Temple situated in Malayan Street, Tenkasi District as stated in the representation of the petitioner dated 19.08.2023 given to the respondents.)

1. This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a direction to the respondents 2 and 3 to grant permission to conduct Vinayagar Sadhurthi festival scheduled at Sri Angala Parameswari Temple situated in Malayan Street, Tenkasi District by considering the representation of the petitioner dated 19.08.2023.

2. It is submitted by learned counsel for the petitioner that the petitioner is one of the conveners of Vinayagar Sadhurthi Festival Committee of Thenpothigai Balavinayagar Temple. Every year, the Vinayagar Sadhurthi Festival will be celebrated in a grand manner by installing clay statue and later the said statue will be taken out for immersion in Chitharu River.

3. He further submitted that on account of certain incidences in Tenkasi area, for few years permission for conducting Vinayagar Sadhurthi festival was not granted. Therefore, W.P.(MD)No.16533 of 2015 was filed and the said Writ Petition was allowed on 11.09.2015 with certain conditions. Hence, the festival was conducted peacefully. This year also, they are proposed to conduct Vinayagar Sadhurthi festival on 17.09.2023 evening and celebration will be conducted on 18.09.2023 and 19.09.2023. Hence, he sought for a direction to the respondent Police to give permission.

4. The petitioner''s counsel has fairly submitted that they will install the idol within the temple premises with regard to the procession of Vinayagar idol to be taken out for immersion, the petitioner is ready to abide whatever the conditions imposed by the respondent Police in respect of the route of the procession.

5. The learned Government Advocate (Crl.Side) for the respondents submitted that in the year 2006 one Kumar Pandian was murdered in connection with the construction of Bazaar Mosque by muslims in the disputed site and in the year 2007, the brothers of the said Kumar Pandian were also brutally murdered by muslims and in the year 2008, bombs were planted in RSS building and new bus stand of Tenkasi. In the year 2018, during the Vinayagar Sadhurthi festival in Shenkottai, riot broke out in which 14 cases were registered against both Hindu and Muslims and more than 55 persons were arrested and 12 persons were detained under Act 14 of 1982.

6. He has further submitted that on 14.09.2018 in Tenkasi town, two Hindu shops were burnt for which criminal cases have been registered. Further, more than 1000 Police personnel are deployed at Vinayagar Sadhurthi immersion procession. He further submitted that as per G.O.Ms.No.598, dated 09.08.2018, installation of idols near other religious places / Hospitals / Education Institutions should be avoided. Therefore, no idol could be permitted in Malayan Street as there is a Mosque and School near the requested place. He further submitted that in case if the permission is given for the petitioner to install Vinayagar idol and take out through procession for immersion, it will create law and order problem. Finally he has submitted that the permission sought for has already been rejected.

7. Heard the learned counsel on either side and perused the materials available on record carefully.

8. Every person in this Country will have a right to worship the God based on his / her religious faith. It has been a practice that in the temples, non-Hindu will come and worship, in the churches, non-Christians would have also come and worship and in all Muslim festivals, Hindu and other religious people would participate very actively. Therefore, whenever celebration of this kind are conducted, they shall improve the harmony amongst the people by creating b