2021 Supreme(Online)(MAD) 42584
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.16120 of 2021 and W.M.P(MD)No.12985 of 2021 N.S.Ramaraj ... Petitioner Vs.
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Joint Commissioner, HR & CE Department, H306, TNHB Colony, Ellis Nagar, Madurai District.
3.The Deputy Superintendent of Police, Rajapalayam Sub-Division, Rajapalayam, Virudhunagar District.
4.The Executive Officer, Arulmighu Mayuranatharswamy Thirukovil, Pethavanallur, Rajapalayam.
5.The Inspector of Police, Rajapalayam North Police Station, Rajapalayam, Virudhunagar District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from preventing the petitioner as an individual to take the Vinayagar Idols for immersion at Periyadhi Kulam Kanmoi, opposite to INTUC Nagar, Rajapalayam, Virudhunagar District pursuant to the petitioner's representation dated 01.09.2021.
For Petitioner : Mr.N.Dilip Kumar For R-1 to R-3 & R-5 : Mr.P.Subbaraj, Counsel for State.
For R-4 : Mr.P.Mahendran
ORDER
The petitioner seeks a direction to prevent the respondents from interfering with the immersion of Vinayagar Idols by him at the Periyadhi Kulam Kanmoi, opposite to INTUC Nagar, Rajapalayam, Virudhunagar District.
2. When the Writ Petition was heard on an earlier occasion, the respondents pointed out that, as per extant Government Orders, no religious processions are permitted. Therefore, the matter was adjourned.
3. At the hearing today, learned counsel for the State submits that the restrictions have been eased subsequently. Nonetheless, he points out that such restrictions have not been lifted completely. Learned counsel appearing for the Executive Officer points out that the idols were made without obtaining permission and that, therefore, the petitioner should not be permitted to immerse the said idols. Instead, the Hindu Religious and Charitable Endowments Department or the Executive Officer should be permitted to immerse the idols.
4. Upon considering the rival contentions, it is clear that a middle path may be adopted in the changed scenario. Accordingly, the following directions are issued:
(i). The Executive Officer will take the lead role in the immersion of the idols. For such purpose, in co-ordination with the petitioner, a date and time shall be fixed for such immersion.
(ii). The petitioner is permitted to accompany the Executive Officer and also take one driver per vehicle for purposes of plying the vehicle carrying the idol.
(iii). Each idol shall be transported and immersed separately on account of the size thereof.
(iv) The official respondents shall ensure that no other person is permitted in the vehicle and that the congregation of crowds is prevented during the transportation and immersion of the idols. Towards such end, if necessary, requisite police protection shall be provided.
5. With the above directions, W.P.(MD).No.16120 of 2021 is disposed of without any order as to costs. Consequently, W.M.P(MD)No.12985 of 2021 stands closed.
22.10.2021 Index : Yes / No Internet : Yes/ No tsg/lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Joint Commissioner, HR & CE Department, H306, TNHB Colony, Ellis Nagar, Madurai District.
3.The Deputy Superintendent of Police, Rajapalayam Sub-Division, Rajapalayam, Virudhunagar District.
4.The Inspector of Police, Rajapalayam North Police Station, Rajapalayam, Virudhunagar District.
SENTHILKUMAR RAMAMOORTHY, J.
tsg/lm
22.10.2021