Order:

This writ petition under Article 226 of the Constitution of India has been filed seeking mandamus declaring the action of respondents 2 and 3 i.e. the Superintendent of Police, Tirupati Urban and the Commissioner, Tirupati Municipal Corporation in not granting permission to celebrate Vinayaka Chavithi festival by installing Lord Ganesh statue at Kesavayanagunta, Tirupati, Chittoor District, as illegal, arbitrary and unconstitutional and consequently sought direction to the respondents to accord permission to the petitioners to celebrate Vinayaka Chavithi festival with Lord Vinayaka statue forthwith.

2. The petitioners state that they are the residents of

installing Lord Vinayaka statue in their area. However, when the petitioners approached the 3rd respondent with a request to accord permission to them to install the statue of Lord Vinayaka and to celebrate Vinayaka Chavithi festival from 10-9-2021 onwards by strictly adhering to the norms of Covid-19 guidelines that the 3rd respondent did not respond to the representation submitted by the petitioners and did not accord any permission as sought for by them. Therefore, the petitioners are before this Court by way of this writ petition seeking the aforesaid reliefs.

3. Heard learned counsel for the petitioners and Sri C.Sumon, learned Assistant Government Pleader attached to the office of the learned Advocate General.

4. Learned Assistant Government Pleader would submit that the Principal Secretary, Home, of Central Government by his letter dated 28-8-2021 advised the State Governments to take suitable measures to avoid large gathering during the ensuing festival season and if required to impose local restrictions to curb such large gatherings in all crowded places to prevent spread of covid related infections. Therefore, he would submit that pursuant to the aforesaid instructions given in the letter dated 28-8-2021 addressed by the Principal Secretary, Home, Union of India, the Director General of Police of the State of Andhra Pradesh by his fax message dated 01-9-2021 gave instructions to all the Unit Heads i.e., the Superintendents of Police in all the districts in the State of Andhra Pradesh that no permission should be given for erection of Ganesh pandals and installation of Lord Ganesh idols in public places in violation of Covid-19 guidelines and that people should be counselled to perform poojas in the houses but not in public places to prevent spread of covid related infections in view of the threat of third wave. Therefore, he would submit that as there is threat of third wave, the aforesaid instructions and precautions are essential to prevent spread of covid related infections as the right to life of citizens is of paramount importance. He would also rely on the judgment of the Apex Court In Re: Alarming Newspaper Report Regarding Kanwar Yatra in State of U.P.1, which is a matter suo motu taken up by the Apex Court, wherein it is held thus:

subservient to this most basic fundamental right.=

5. So, the learned Assistant Government Pleader would submit that as right to life of a citizen is of paramount importance, the aforesaid instructions/restrictions imposed are reasonable and the petitioners are not entitled to erect any pandal or any such idol in a public place which may have the effect of spreading Covid-19 related infections in view of the threat of third wave that looms large in the present situation. So, he would pray for dismissal of the writ petition.

1 Suo Motu Writ (C) No.5/2021, dated 16-7-2021

6. Learned counsel for the petitioners would submit that the Court may impose certain restrictions to enable the members of the committee and inhabitants of the locality to celebrate Vinayaka Chavithi festival as per custom and usage which is their religious right and the petitioners are ready to abide by the directions that may be issued by this Court to prevent spread of any covid related infections. He would contend that the Government has permitted to run the s