State authorities cannot act on the basis of superstitions or false beliefs to curb the right of an individual to worship or keep idols in their own premises; any action against unauthorized construction or public nuisance must follow due process of law.

ORDER

This contempt petition is filed complaining of willful disobedience of the order dated 03.04.2025 made in W.P.No.12034 of 2025.

2. The grievance of the petitioner is that the petitioner had installed the idols of goddess ‘Sivasakthi Dhakshiswari’ along with ‘Vinayagar’ and ‘Veerabhadran’ in his own premises bearing Door.No.50, 3^rd Bajanai Koil Street, Nettu Kuppam, Ennore, Chennai – 600 057. The Petitioner conducts the worship in his own premises. However, the neighbours and other devotees are also welcomed by the petitioner while conducting the poojas in his own premises. While so, suddenly, the Authorities came to the premises and taken away the idols. On behalf of the respondents / authorities it is submitted that after the installation of the idols, there has been unnatural death in the area and

therefore, the residents are agitated over the installation of the idols and the worship of the petitioner. In view of the representation made by the local public, the idols were removed. Under the said circumstances, this Court held that the action of the respondents is neither supported by law nor it can be supported by any principle of ‘Bhakthi’ or ‘Science’ and only on superstitions (K:l ek;gpf;if) State Authorities cannot Act and the constitutions enjoins on the Authority to inculcate scientific values and temper among the general public. The following order was passed in paragraph no.6 of the order dated 03.04.2025 in W.P.No.12034 of 2025.

“6. In view thereof, this Writ Petition is disposed of on the following direction:

(i) The idol shall be handed over back to the petitioner and the petitioner will be entitled to do or worship in his own premises needless to mention that the petitioner cannot disturb the other peoples in the locality byy installing any loudspeaker or causing any noise pollution or any other disturbance whatsoever. He shall worship the deities and cannot conduct any programmes involving collection of money etc., from the people of the locality.

(ii) No costs.”

Complaining that the said order is not complied with, the contempt petition is filed.

3. Learned Counsel appearing on behalf of the petitioner submits that while the idol belongs to the petitioner, till date it is not given to him. Even the local public are threatening him that if the idols are kept in his own premises, they will attack the petitioner and also will destroy the structure. The learned Counsel further submits that the idol should be handed over to the petitioner with due protection.

4. Learned Special Government Pleader appearing on behalf of the respondents 1 to 3 would submit that while it is true that the superstitions need not be entertained, at the same time, when the petitioner had only permission for construction of a house, without any permission whatsoever, now he is constructing a temple and these idols are being installed in a manner so as to be worshipped by everyone. Poojas are conducted even during the midnight and it is affecting the local public and the vicinity. Therefore, action was taken by the Authorities.

5. M/s.Shaikh Mehrunnisa, the learned Counsel appearing on behalf of the newly impleaded respondent would submit that the facts that it is like a temple; and separate pathway is also made by the petitioner; and the petitioner has kept idol; and collection of hundi amount is also made from the public. The petitioner is not entitled to build a temple in his residential premises. According

to the learned Counsel, even the premises which is now been claimed does belong to the petitioner and it is a ‘poromboke’ land.

6. After hearing all the learned C