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2017 DIGILAW 2841 (MAD)

S. M. Saravanan v. Superintendent of Police

2017-08-23

M.S.RAMESH

body2017
ORDER : The petitioners, who claim to be the President and District General Secretary of the party viz., Hindu Makkal Katchi-Thamizhagam respectively, have made out applications to the respondents concerned on 01.08.2017 and 10.08.2017 respectively, seeking permission to install Vinayagar Idols in 108 places within the Sathiyamangalam Town and its surroundings and 20 places within Perundurai Police limits from 25.08.2017 onwards. Since the respondents have not considered their representations till date, the present petitions have been filed. 2. Heard Mr. A.S. Vijayaraghavan, learned counsel for the petitioners as well as Mr. C. Manishankhar, learned Additional Advocate General appearing on behalf of the respondents. 3. It is seen that though the petitioners had given their representation way back on 01.08.2017 and 10.08.2017 respectively, the respondents have not considered the said representations till date, which necessitated the petitioners to file the present petitions. It will not be out of place to mention that whenever representations are received by the respondents, it is their bounden duty to dispose of the same, in one way or other and failure to do so, amounts to dereliction of their ordinary duties of the respective offices. It is in this background that the petitioners are constrained to move the present petitions at the last minute. 4. The learned Additional Advocate General on instructions submitted that there is a prohibitory order under Section 41 (2) of the Chennai City Police Act, 1888 with effect from 22.08.2017 to 06.09.2017 and that any assembly, meeting or procession in a recognised place will be subject to Section 41(8) of the said Act. 5. In this background, the learned Additional Advocate General submitted that the petitioners may be permitted to have Vinayagar Idol to be installed after obtaining due permission from the concerned police officials as well as the other corporation\ local bodies. 6. The learned counsel for the petitioners also submitted that if there is a specific direction to the effect that the local bodies as well as the police officials to consider their applications seeking permission for the aforesaid event expeditiously and atleast before the commencement of the festival, he would be satisfied. 7. In consideration to the submissions made by the learned counsel on both sides, the petitioners' request to install Vinayagar idols shall be considered by the concerned Inspector of Police who has the territorial jurisdiction over the place where the idols are sought to be located. 7. In consideration to the submissions made by the learned counsel on both sides, the petitioners' request to install Vinayagar idols shall be considered by the concerned Inspector of Police who has the territorial jurisdiction over the place where the idols are sought to be located. Such consideration shall be made on or before 24.08.2017. The petitioner is directed to make individual applications before the concerned jurisdictional Inspector of Police seeking for permission while considering the representations of the petitioners and if permission is proposed to be granted, the concerned respondent/Inspector of Police shall adhere to the following conditions: i. The petitioners shall obtain No Objection from the corporation/local bodies of the places where the petitioner seeks to install the Vinayagar Idol. ii. The idols proposed to be installed should be made of pure clay without coating of toxic paints as stipulated by TNPCB. iii. The height of the idol including the base/dais should not exceed 10 feet. iv. The idols should not be installed close to other religious places such as mosques, churches, etc. v. The idols should not be installed at the traffic congested/thickly populated areas/near the hospitals/at the places objected by the public. vi. Fire preventive measures should be arranged at the place of idol installation. vii. Sound amplifier license conditions should be strictly adhered and no sound amplifier shall be used in the moving vehicles carrying idols. viii. Bursting of crackers at the place of installation which will cause noise pollution should be avoided. ix. The idol immersion procession should be taken out with police permission at the route and time specified by the police and the idols should be immersed at the notified immersion points, adhering to the conditions. x. The organisers should strictly follow any other conditions laid down by the jurisdictional police officers in the interest of maintaining public peace, public safety and communal harmony. xi. Music programmes or other cultural programmes shall be conducted subject to the following conditions; (a)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (b) Double meaning songs should not be played so as to spoil the minds of students and youths. (c) No dance or songs, touching upon any political party or religion or community or caste shall be played. (b) Double meaning songs should not be played so as to spoil the minds of students and youths. (c) No dance or songs, touching upon any political party or religion or community or caste shall be played. (d) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (e) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (f) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (g) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. 9. Since the festival falls on 25.08.2017, the learned counsel for the petitioners apprehend that the approval from the local bodies might be time consuming. Considering the same, the concerned Inspector of Police shall grant in-principal approval for the installation, subject to the aforesaid observations made and without waiting for the No Objection Certificate from the Collector /local body, the petitioners shall endeavour to get approval of the local bodies atleast before 28.08.2017. The concerned local body is also directed to consider the petitioners' representation on the same day and pass appropriate orders. 10. Since, permission for installation falls within the limits of various local bodies, the petitioners are granted liberty to approach the District Collector, Erode seeking permission and the District Collector, Erode shall consider their request on the same day. 11. The District Collector, Erode is suo-motto impleaded as a party respondent. 12. With these observations, these Writ Petitions stands disposed of. No costs.