கோவில் திருவிழா நடத்துவதற்கு காவல்துறையிடம் அனுமதி பெற தேவையில்லை

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.08.2022
CORAM
THE HON’BLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.18554 of 2022
P.Seeni … Petitioner
v.
1.The District Collector, Virudhunagar,
Virudhungar District.
2.The Revenue Divisional Officer,
Aruppukottai, Virudhunagar District.
3.The Tahsildar, Thiruchuzi Taluk,
Virudhunagar District.
4.The Deputy Superintendent of Police,
Aruppukottai, Virdudhunagar District.
5.The Inspector of Police,
Thiruchuzhi Police Station,
Virudhunagar District. … Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
consider the petitioner’s representation dated 09.08.2022 and give permission
to conduct pongal festival events for two days from 19.08.2022 to 20.08.2022
in Sri Rajakalai Amman Temple and Pattathu Amman Temple in Valayapatti
Village, Thiruchuzhi Taluk, Virudhunagar District.

For Petitioners : Mr.M.Karthikeyavenkitachalapathy
For Respondents : Mr.M.Sarangan,
Additional Government Pleader
ORDER
Heard the learned counsel on either side.
2.The prayer in the writ petition is for directing the authorities to permit
the villagers in question to conduct the petition mentioned temple festival. It
is seen that on account of non-cooperation from the temple priest, the issue is
hanging fire.
3.I wanted to know from the counsel on either side if there is any legal
provision which mandates that the villagers must obtain prior permission for
conducting their age old temple festivals. My attention was not drawn to any
specific provision as such.
4.The Constitution of India confers certain fundamental rights. Article
19(1)(b) states that all citizens shall have the right to assemble peaceably and
without arms. Article 25 (1) states that subject to public order, morality and
health and to the other provisions of Part III, are persons are equally entitled

to freely practice religion. The Hon’ble Supreme Court of India in Gulam
Abbas v. State of U.P (AIR 1981 SC 218) held that religious faith and the
performance of the rites, customary practices and observances constitute
one’s fundamental rights guaranteed under Articles 25 and 26 of the
Constitution of India. This judgment was followed by the Division Bench of
the Madras High Court (2021 SCC Online Mad 1779/WA No.743 of
2019). A learned Judge of this Court in WP No.6986 of 2018 dated
23.03.2018 held that centuries old custom and religious practices cannot be
ignored or found as insignificant, since such customs privileges and practices
go with the sentiment of the people of the locality and the Government
machinery cannot interfere in a casual manner under mere apprehension. If
some untoward incidents had taken place in the past, interference can only be
by way of regulatory measure. The event itself cannot be banned or
prohibited. Administrative inconvenience or anticipated incidents may not be
cited as the reason to stop established customs and practices.
5.Section 42-A of the Tamil Nadu District Police Act, 1859 which
provides for the presence of police personnel in any public meeting or
assembly or procession states that this requirement will not apply to any
assembly or meeting of a purely religious character held in a recognized place
of worship. Section 41 of the Chennai City Police Act which contains the

power to regulate assemblies, meetings and processions in public places etc.,
in sub section 8 states that nothing in the Section shall apply to any assembly
or meeting of a purely religious character held in a recognized place of
worship. This provision was the subject matter of reference under Section
438 (2) of the old Cr.Pc before the Division Bench of the Madras High Court in
AIR 1959 Mad 63 (C.N.Annadurai v. State). When the learned counsel
appearing for the accused argued that the provision was discriminatory and
violative of Article 14, the Hon’ble Division Bench held that the exemption
granted to marriages, funerals and religious assemblies would constitute
reasonable classification. The Hon’ble Division Bench held that religious
meetings can be held without taking any permission at all.
6.Of course, the authorities cannot remain a silent spectator if there is
breach of public tranquility. If threat to maintenance of law and order is
imminent, then also the executive magistrate or the police are bound to
intervene. So long as there is no such situation, the authorities have no role
in the matter. The scope of this writ petition is confined to a festival that has
been celebrated from time immemorial every year in a village. Since the writ
prayer is for directing the authorities to grant permission, I hold that no such
permission is required.

7.The writ petition is disposed of accordingly. No costs.
16.08.2022
skm
Issue order copy on 17.08.2022
To
1.The District Collector, Virudhunagar,
Virudhungar District.
2.The Revenue Divisional Officer,
Aruppukottai, Virudhunagar District.
3.The Tahsildar, Thiruchuzi Taluk,
Virudhunagar District.
4.The Deputy Superintendent of Police,
Aruppukottai, Virdudhunagar District.
5.The Inspector of Police,
Thiruchuzhi Police Station,
Virudhunagar District.