Celebrating Vinayagar Chaturthi must balance the right to worship with public order and environmental protection, strictly adhering to government guidelines on idol materials.

Headnote:(A) Constitution of India - Article 226 - Request for permission to conduct Vinayagar Chaturthi festival - Writ petitions filed by multiple petitioners seeking permission for installation and immersion of idols - Common judgment addressing both pending representations and rejections of permission - Right to worship must harmonize with law and order (Paras 1, 3.1, 28).

(B) Fundamental Rights - Article 25 - Freedom of worship is a constitutional right but not absolute; must consider public order and environment (Paras 6, 8).

(C) Environmental Goods - Guidelines prohibiting use of non-biodegradable materials for idols; emphasis on eco-friendly practices mandated by the Central Pollution Control Board (Paras 17, 22, 44).

(D) Administrative Procedure - Importance of timely applications for permission and adherence to prescribed formats and guidelines (Paras 36, 41). (E) Rulings - Court denied or allowed petitions based on adherence to guidelines, previous compliance and legitimacy of applications (Paras 40, 44).

Result: Writ petitions are disposed of with pertinent directions for future compliance.

COMMONORDER

This batch of writ petitions pertains to the installation and immersion of Vinayagar idols in connection with the forthcoming Vinayagar Chaturthi festival scheduled to commence on 27.08.2025. Since the issues raised are substantially similar, they are disposed of by this common order.

2.These petitions can broadly be divided into two categories. In the first set, the petitioners had submitted representations which are yet – to be considered by the authorities, and hence they seek a mandamus for appropriate orders. In the second set, the petitioners’ representations have already been – rejected, and therefore they challenge the said orders of rejection.

3.Sum and substance of the arguments advanced on the side of the petitioners are as follows:-

3.1.The petitioners contend that the refusal to grant permission and / or keeping their representation pending without taking any decision infringes upon their fundamental right to worship under Article 25 of the Constitution of India .

3.2.It is submitted that while permission has been granted to other individuals in the same locality, the petitioners have been arbitrarily denied the same.

3.3.They further assert that there would be no law and order issues arising from the installation, and that they are willing to comply with all guidelines issued by the authorities.

4.In response, the respondents / State made their submissions as follows:-

4.1.The respondents submit that the petitioners approached them at the last minute, leaving insufficient time for administrative preparation.

4.2.It is also pointed out that several cases have been registered in previous years in connection with similar installations.

4.3.Furthermore, permission has already been granted to another group in the same locality, and the present request appears to be motivated by ego clashes, with the intent to install a separate idol to assert dominance.

5.This Court considered the rival submissions made by the respective parties and perused the materials placed on record.

6.This Court is deeply conscious of the fundamental right to worship, which is a cornerstone of our constitutional framework. Freedom of religion is one of the most cherished rights guaranteed under the Constitution. Article 25 secures to every person the freedom of conscience and the right freely to profess, practise and propagate religion, subject only to public order, morality and health.

7.Festivals such as Vinayagar Chaturthi are deeply rooted in tradition and form an integral part of such freedom. Worship, both individual and collective, is not a matter of State concession but a matter of constitutional recognition. The celebration of Vinayagar Chaturthi, including the installation of idols and their immersion, must therefore be respected as legitimate expression of religious faith.

8.That said, constitutional rights are not absolute. They operate in harmony with other duties and interests of society. The freedom of worship must be balanced with the duty of the State to maintain law and order, as well as with the constitutional obligation under Article 48-A and Article 51- A(g) to protect and improve the environment. A right asserted by one citizen cannot be allowed to cause harm to another, nor to the larger community of life that depends upon shared natural resources.

9.It is to be noted, historically, the worship of Lord Vinayagar was centered around small temples located at street corners, maintained by local communities. Over time, the practice of installing large, ornate idols in public spaces emerged—initially as a symbol of collective devotion, but gradually becoming a display of grandeur, competition, and, at times, social assertion.

10.Past experiences during public festivals have shown that sudden or late-night installations of idols in public places often create avoidable strain on the police and administration. Once idols are placed at street corners or open spaces without prior planning, there is always a risk that at odd hours

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2025 Supreme(Online)(Mad) 66329

Celebrating Vinayagar Chaturthi must balance the right to worship with public order and environmental protection, strictly adhering to government guidelines on idol materials.

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