ORDER

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 18 places from 18.09.2023 to 23.09.2023 at Vedasandoor and to immerse the said idols through a procession on

23.09.2023.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the General Secretary of the Vedasandoor constituency of Hindu Tamilar Kachi 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 18.09.2023 at Vedasandoor by installing idols at 18 various places mentioned in the petition and after offering pooja for five days will take all the idols as a procession on 23.09.2023 by taking en route to R.S.Colony, Salai Theru, Kadai Veethi, Bus Stand, Athumedu and finally through Police Colony and immerse all the idols on 23.09.2023 in the river bed.

3.The petitioner's Hindu Tamilar Kachi filed a representation dated

28.08.2023 to the respondents police for permission and also protection for performing pooja for five days and for taking the procession thereby to immerse the idols in the river bed. However, the said permission has not been granted so far thereby sought for suitable directions.

4. Learned Government Advocate (Crl. Side) on the other hand submits that the police have got objection for granting permission as the petitioner intend to install more number of idols and also intend to take procession route through the sensitive places where people of other religions are living which may likely to create adverse impact and if any untoward incident happens thereby peace and tranquillity of the society will get disturbed not only in this town but also entire district.

5. This Court on 21.08.2020 in W.P.Nos.11366 and 11467 of 2020 (Ela.Ganapathi v. Government of Tamil Nadu, rep. by its Chief Secretary, Chennai) has issued a slew of directions which read as follows:-

"13. Accordingly, the writ petitions stands disposed of with the following directions:-

(i) Individuals are permitted to have their Vinayaga idols after the performance of the ceremony in front of their respective houses.

(ii) Individuals are permitted to drop the Vinayaga idols at the entry point of the temples. This direction is issued by taking note of Clause (3) of para 2 of the order under challenge which does not prohibit even the worship before the temples coming under certain categories.

(iii) Individuals are allowed to immerse the idols which can be carried out only by a single person in the water bodies. No such activities shall be carried out in the stretch between Santhome to Napier bridge.

(iv) The permission given is restricted only to the individuals alone and therefore, there is a total bar to undertake the same activities by organisations.

(v) The aforesaid directions are subject to the regular restriction which are already in vogue including the time restriction and the social distancing.

(vi) For any violation of these directions, the respondents are at liberty to take appropriate action in the manner known to law as they are applicable only to the individual cases alone."

6. At this juncture, the petitioner has come forwarded with the proposal that the petitioner's party will install idol at one place and take the procession in a route as advised by the respondents police so that the procession will not pass through any sensitive places.

7. Learned Government Advocate (Crl. Side) submits that in case if the procession is being taken out in the areas specified by the police and install the idols at the place where there is not dispute, the respondents police will not have any objection to grant permission and also providing suitable protection.

8. Accordingly, this Writ Petition is disposed of directing the petitioner to file fresh application by identifying one suitable place in consulta