ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a mandamus directing the respondents 2 to 6 to grant the permission and protection to conduct Vinayagar Chaturthi Procession from 19.09.2023 to 25.09.2023 at Kanyakumari District basing on the representation dated

09.08.2023.

2. Heard both sides and perused the record.

3. It is submitted by learned counsel for the petitioner that the petitioner is the District President of Hindu Sena (Tamil Nadu) actively engaged in religious and public activities. As a part of Vinayagar Chaturthi festival this year they have decided for a procession through peruntheru, Kuzhithurai, Kaluvanthittai Junction, Sitharal-Thundatharavilai Junction from 19.09.2023 to 25.09.2023. During the procession, the office bearers of the petitioner would submit offerings and after completion of procession, the idol will be immersed into Thamirabarani river. They submitted representations to the District Superintendent of Police, Kanyakumari District on 24.06.2023 seeking permission to install Vinayagar idols and take out procession by using speakers and since permission has not been granted so far, directions are sought for.

4. Learned Government Advocate (Crl. Side) has filed a report of Deputy Superintendent of Police and submitted that the petitioner has requested for granting permission for installation of idols at Arumanai Mela Theru where about 185 families are believers of Christianity and 20 families who are believers of Hinduism and all are living peacefully with communal harmony. One church is also situated nearby along with the temple. At the said place earlier nobody has installed idols and in case if idol is allowed to install, law and order problem may arise.

5. It is also submitted that the petitioner has also seeking permission to install idol in Chitharal Thundatharavilai where about 300 families are residing out of which 50 families are believers of Hinduism and 250 families are believers of Christianity and all are living peacefully. There is also a CSI Church near to the place. The petitioner has also requested for permission to install idol at Kuzhuthurai, at that place Hindu Munnani has been installing the idols for the last ten years and if the petitioner is permitted to install the idol, there is likely to outbreak the law and order problem and traffic jam. The petitioner also requested for installation of idol at Kaliyakkavilai police station limit at Kuzhuthurai Peruntheru Area where the last year idol was installed by Tamil Nadu Siva Sena and also it is very narrow and densely populated area and if more number of idols are permitted, it will create law and order problem. At Kazhuvanthittai Junction in Marthandam Police Station, it is mentioned in the report that already Hindu Munnani and Tamil Nadu Siva Sena are installing idols for the past years. It is also submitted that in the representation the petitioner has mentioned that after assembling in Kuzhuthurai Peruntheru the idols will be taken for immersion at Thamirabarani river through Kazhuvanthittai R.C.Street where more than 500 Christian families are residing and no procession was also allowed through this street and if the procession is allowed, there is likely to outbreak the law and order problem.

6. It is also submitted that three cases have been registered against the petitioner in Crime No.449 of 2021 for the offences under Sections 342, 324 and 506(ii) of IPC, in Crime No.53 of 2021 for the offences under Sections 143, 188, 268 and 505(i) of IPC and in Crime No.277 of 2022 for the offences under Section 151 of Cr.P.C. It is also mentioned in the report that Kanyakumar District is a religious sensitive area. Learned Government Advocate finally submitted that the petitioner has entered into the Moderator Gnandhasan Polytechnic College, Nagercoil and threatened the Principal and others demanding money for celebrating Vinayagar Chaturthi festival and the video of threatening and demanding