The court emphasized that while the police cannot restrict religious processions arbitrarily, concerns about potential law and order issues can justify such restrictions, especially in cases motivated by political parties.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to permit the petitioner to conduct Vinayaka Chaturthi processions on 22.09.2023 and consequently, direct the respondents to grant necessary protection based on the petitioner''s representation dated 04.09.2023.)

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking for a mandamus directing the respondents police to grant the permission and protection to conduct Vinayagar Sathurthi at 11 places on 22.09.2023 near Sivan Kovil, Sivagangai and to immerse the said idols through a procession on 22.09.2023.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the President of the Town Committee of Bhartiya Janata Party, Sivagangai Town and every year they conduct Vinayagar Chaturthi in a grand manner and the said festival is being celebrated since many years. The petitioner''s party decided to conduct the festival on 22.09.2023 near Sivan Kovil, Sivagangai by installing idols at 11 various places mentioned in the petition and after offering pooja for five days all the idols will be taken as a procession on 22.09.2023 by taking en route to Aranmanai Vasal, Nehru Bajar, Nelmandi Street, Maduraimukku, Thirupathoor Road and finally to Theppakulam and immerse all the idols on 22.03.2023 in the river bed.

3.The petitioner filed a representation dated 04.09.2023 to the third respondent police for permission and for providing protection for performing pooja for five days and for taking the procession through the route for immersion in the specified place thereby to give permission has not been granted so far thereby sought for suitable directions are sought for.

4. Heard both sides and perused the record.

5. Mr.N.Anandha Padmanabhan, learned Senior Counsel submitted that the police have granted permission for installing the Lord Vinayagar idols and for taking the procession for immersion of idols on 22.09.2023. It is submitted further that though the petitioner sought for permission to take an immersion of idol through 11 streets, however the police granted permission to take the procession through 9 streets and not granted permission for taking the procession through 2 streets. Thereby sought for direction to the respondents police to permit the petitioner to take out a procession through Raja Radha Veedhi.

6. According to learned Senior Counsel, Raja Radha Veedhi is the street through which the temple chariot/radham is being taken out every year by way of procession. during festival season. The petitioner has filed pictures to show that the temple chariot/radham is being taken out as a procession through the Raja Radha Veedhi. He further submitted that the reason mentioned by the police in rejecting the permission for taking the procession through Raja Radha Veedhi is that it is a narrow street and it is submitted that since the other festival processions are being allowed through the Raja Radha Veedhi thereby the contention of the respondent police that the Raja Radha Veedhi is narrow and congested are factually incorrect and therefore, sought for a direction to permit him to take out a procession in the said street.

7. Learned Government Advocate (Crl. Side) has strongly opposed by submitting that the police have liberally granted permissions for installation and for taking the idols by way of procession for immersion on 22.09.2023 through 9 streets barring 2 streets including Raja Radha Veedhi. It is submitted further that the said street is not only a narrow street but there is a mosque in the said street and thereby in case if any of the members of the petitioner''s organization raise any slogans or indulged in any unlawful activities while passing the procession in front of the mosque, it may likely to create dispute between the two communities and may break the law and order problem.

8. All the streets in the town and villages are the p