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2017 DIGILAW 2956 (MAD)

K. Jayaraman v. Commissioner of Police

2017-08-31

M.S.RAMESH

body2017
ORDER : 1. Heard Mr.V.Raghavachari, learned counsel for the petitioners as well as Mr. D. Vairamoorthy, learned Special Government Pleader for the respondents. 2. It is the case of the petitioners that they have been celebrating Vinayagar Charuthi Festival for the past 26 years and during the earlier occasions, the idol was kept for worship for 10 days. The petitioners have been granted permission to conduct the ceremony only till 31.08.2017 on certain conditions. The grievance of the petitioners is that they usually keep the idol and perform the pooja for 10 days and therefore, they sought time till 03.09.2017. 3. According to the learned counsel for the petitioners, the condition restricting the installation of the idol till 31.08.2017 is arbitrary since it is against their practice of retaining the idol for and over 26 years. Furthermore, the learned counsel for the petitioners submitted that he has sought permission till 03.09.2017 and it was not proper on the part of the respondent to restrict the same till 31.08.2017. 4. On the other hand, the learned Special Government Pleader appearing for the respondents submitted that the respondents have restricted the Vinayagar Charuthi Ceremony to 31.08.2017 in all places of worship within the city of Chennai and that the petitioners' places cannot be any exception. 5. On a perusal of the petitioners' application, it is seen that the requisition made earlier was only till 31.08.2017 and the same was altered to 03.09.2017. The learned counsel for the petitioners submitted that the alteration was done by the petitioners itself which is denied by the petitioners. Since the present order is made on the mutual consent of both parties, I do not intend to go into the controversy. 6. The learned counsel for the petitioners submitted that the petitioners are now requesting only for installation of the idol in his premises up-to 03.09.2017 and have given up their right of immersion of the idols through procession. The learned counsel for the petitioners submitted that they will remove the idols on 03.09.2017 from the place of installation and retain it or dispose of the same in the manner as they desire without immersing the same in the sea. 7. The learned counsel for the petitioners submitted that they will remove the idols on 03.09.2017 from the place of installation and retain it or dispose of the same in the manner as they desire without immersing the same in the sea. 7. The learned Special Government Pleader on instructions has submitted that the petitioners shall be permitted to retain the idols till 03.09.2017 on condition that the petitioners shall not take the idols by way of procession for the purpose of immersion. 8. The petitioners have also filed an affidavit stating that the pooja will be restricted till 03.09.2017 and thereafter they will remove the idols from the place where it is installed, without any procession or immersion in the sea/river. 9. In view of the fact that the petitioners have been conducting the festival for the past 26 years for 10 days, as a special case, the petitioners are granted permission to continue the worship of the said idols till 03.09.2017 subject to the conditions stipulated in the permission. It is ordered that there shall not be any procession or immersion of the idols after removing the same from the place of installation. It is made clear that the order is passed on an extraordinary situation and the same cannot be quoted or cited as a precedent in the ensuing years. It is further made clear that in the event of any law and order problem, the respondent is at liberty to have the idols removed at the costs of the petitioners. 10. Reiterating the conditions imposed in the permission order dated 24.08.2017 and with the above observations and direction, the writ petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.