Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2015 Coram THE HONOURABLE Mr.JUSTICE R.SUDHAKAR and THE HONOURABLE Ms.JUSTICE V.M.VELUMANI Writ Petition (Md.No.16349 of 2015 & M.P.(Md.No.1 of 2015 S.Pothinivalavan alias Iyyappan ..Petitioner versus 1.State of Tamil Nadu, rep.by Home Secretary, Chennai-9.
2.The District Collector, Dindigul.
3.The Superintendent of Police, Office of the District Superintendent of Police, Dindigul.
4.The Revenue Divisional Officer, Palani.
5.The Deputy Superintendent of Police, Palani..Respondents Writ petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, to direct the respondents (i) to restrict the Vinayagar Sathurthi processions to be taken out on 4 days in a row from September 20th of 2015 to be an affair of a single day (ii) to ban the use of harmful chemicals and materials in the making of the idols and to control the immersing of those idols made of and painted with harmful and hazardous chemicals to be immersed in water bodies in and arolund Palani town and pollute them in such a way that the water in them become unusable for human use and for animal consumption for many days to come, (iii) to make arrangement for videographing the entire procession so that the miscreants carrying lethal weapons for settling scores with their rivals can be brought to book in case there is any untoward happening on the occasion of taking out the procession and (iv) and order that the idols kept on exhibition in many nearby villages of Palani Taluk of Dindigul District to be immersed in the water bodies available in those villages themselves.
!For Petitioner : Mr.A.Rahul ^For Respondents : Mr.A.K.Baskarapandian, Spl.Govt.Pleader :ORDER
(Order of the Court was made by R.SUDHAKAR,J.The present writ petition in public interest is to regulate Vinayagar Sathurthi Festival and procession.
The petitioner states that harmful chemical materials are being used in making idols and immersing of idols in water bodies would cause pollution and procession would also cause greate inconvenice to the public of Palani Town.
2.
In response, the 5th respondent, Deputy Superintendent of Police, Palani, has filed a counter affidavit and Additional Counter Affidavit, dated 15.09.2015.
In the additional affidavit, the 5th respondent has set out the measures taken by the Police to regulate the procession.
We incorporate the same, which reads as follows: ?.3.It is respectfully submit that the Vinayagar Sathurthi procession the District Administration and ourself have taken decision to grant permission for 3 days in a row from September 20th onwards, wherein certain regulations have to be enforced in order to maintain the public peace and tranquility and communal amity.
It is respectfully submitted that the Hon?.ble High Court may kindly consider the same and the said regulations may be pleased to be incorporated for the maintenance of Law & Order problems in a smooth manner.
The Regulations prayed for are as follows.i.The organizers should furnish the details relating to the idols to be brought for the procession to the concerned police authorities well in advance.
ii.
Organizers will inform the date of procession well in advance and Police authorities will allot the date and timing of procession, considering the law and order situation and procession of other organization in the district as a whole.
iii.
The Vinayagar Idols should be brought to the procession starting point in time (i.e) before 10.00 AM to avoid unnecessary delay.
iv.
The organizers should ensure that the procession start by 10.00 AM in the morning and complete the immersion as fast as possible so that traffic congestion could be avoided.
If more than one organization ask for the same date, time slots will be given by police and it be ensured that overall immersion is done before sunset, organizers should co-operate in this regard.v.There should not be any delay in start of procession to avoid public suffering by traffic congestion.
vi.
The Organizers should ensure that processionists are not in drunken mood and also ensure that nobody in the procession carry any deadly weapons or arMs.vii.
The processionists should not raise objectionable slogans in an inebriated mood in general and decent behavior should be exhibited especially while crossing other religious worshipping places.
viii.
The processionists should not buRs.fire crackers or use any combustible articles during the procession without precautionary measures.
ix.
The processionists should co-operate with the Police while crossing other religious worshipping places during the prayer hours and they should not deliberately delay the procession while such crossings.x.No mike fitted vehicles should be allowed during the procession and at the head of the procession.
Box type speakers playing devotional song with minimum decibel may be allowed.
Cone type speakers should be avoided.
xi.
Written undertaking should be given by the organizers for orderly conduct and protection of idols and the list of names and address of Poojaris should be furnished.
xii.
Before starting of the procession, lengthy address with objectionable inciting speech content by the speakers should be avoided.
xiii.
Organizers should carry the idols with permitted height.
xiv.
The organizers should ensure that outsiders do not mingle in procession as devotees.
xv.
No vehicle or idol should be left abandoned during the procession.
xvi.
The organizers should take responsibility to regulate the procession if the processionist create problem and also to keep up time schedule and obey the orders of the Government authorities.
xvii.
Procession should not be stopped by the organizers at any cost until unless it was asked by police to do so.
xviii.
No deviation from earlier route should be allowed, unless change in route becomes necessary considering the current local situation.
xix.
If huge idols are to be carried in the procession, the organizers should be made to provide wreckers to attend to any breakdown of the vehicles carrying the idols.
xx.
Silent procession with light music praying the god is appreciated.
xxi.
The hazardous and harmful materials and colors should not be used for colouring the idols.
xxii.
Organizers should ensure peaceful dispersion of crowd after immersion."
3.Paragraph 4 of the additional counter affidavit also states that all precautionary steps have been taken to conduct both the procession and related functions in an orderly manner and without there being any law and order problem.
4.We record the same and dispose of the writ petition, accordingly.
Consequently, the connected miscellaneous petition is closed.
No order as to costs.
To 1.The Home Secretary, State of Tamil Nadu, Chennai-9.
2.The District Collector, Dindigul.
3.The Superintendent of Police, Office of the District Superintendent of Police, Dindigul.
4.The Revenue Divisional Officer, Palani.
5.The Deputy Superintendent of Police, Palani..