Disposed

K.Sivabalamoorthi v. The District Collector

Madras HC20 Sept 2024WP(MD)/21812/2024

Case brief

AI extract

What is this about?

Three writ petitions challenging an order denying vehicle entry for the Vinayagar procession. The court noted the procession had already taken place. It directed that future permissions for manual procession via Giri Veedhi are allowed but vehicle entry is prohibited due to installation of iron bollards.

What did the court decide?

Permission for manual procession via Giri Veedhi granted for future; vehicle entry prohibited due to installed iron bollards.

K.Sivabalamoorthi Vs The District… — Constitutional and Fundamental Rights | Madras HC (2024)

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.09.2024

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CORAM:

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THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND

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THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

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W.P.(MD)Nos.21812, 22019 & 22060 of 2024 WMP(MD)Nos.18445, 18657, 18683 of 2024

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W.P.(MD)No.21812 of 2024

K.Sivabalamoorthi

.. Petitioner

vs.

1.The District Collector, Dindigul District, Dindigul.

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2.The Superintendent of Police, Dindigul District, Dindigul.

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3.The Deputy Superintendent of Police, Palani Division, Dindigul District.

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4.The Inspector of Police, Palani Town Police Station, Dindigul District. .. Respondents

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W.P.(MD)No.22019 of 2024

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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K.Balasubramanian .. Petiti
vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Revenue Divisional Officer,
Palani Division, Dindigul District.
3.The Deputy Superintendent of Police, Palani Division, Dindigul District.
4.The Inspector of Police,
Palani Town Police Station, Dindigul District.
5.The Executive Officer,
Arulmigu Balathandayuthapani Temple, Palani, Dindigul District. .. Respondents
W.P.(MD)No.22060 of 2024
A.Kanivalavan .. Petitioner
vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Thasildar,
Palani (Taluk), Dindigul District.

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.. Petitioner

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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3.The Joint Commissioner / Executive Officer, Arulmigu Palanithandayuthapani Temple, Palani, Dindigul District.

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4.The Revenue Divisional Officer, Palani, Dindigul District.

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5.The Superintendent of Police, Dindigul, Dindigul District.

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6.The Deputy Superintendent of Police, Palani, Dindigul District. .. Respondents

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Prayer in W.P.(MD)No.21812 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 3^rd respondent herein in Na.Ka.No.316/PLN/SDO/2024 dated 08.09.2024 and set aside the same as illegal and consequently direct the respondents herein to grant permission to the petitioner Sabha to conduct the Lord Vinayagar Idol Procession on 14.09.2024 from Patha Vinayagar Temple, Palani, Dindigul District to Shanmuganathi River via Gandhi Market Road to immerse the said idols in that river using necessary vehicles with adequate police protection.

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Prayer in W.P.(MD)No.22019 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3^rd respondent herein in Na.Ka.No.316/PLN/SDO/2024 dated 08.09.2024 and quash the same and direct the 3^rd respondent to give permission to the petitioner to conduct Vinayagar Idols procession by assembling in Giri Veedhi from Sri Padha Vinayagar Temple to conduct inauguration meeting and to start the procession through Sannathi Street and reach Shanmuga Nadhi on 13.09.2024.

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Prayer in W.P.(MD)No.22060 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus calling

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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for the records relating to the impugned order by the 6^th respondent in Na.Ka.No. 316/PLN/SDO/2024 dated 08.09.2024 and quash the same as illegal and consequently direct the respondents to grant permission to conduct a Vinayagar Oorvalam at Palani Temple Adivaram Giri Veethi Dindigul District.

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For Petitioners : Mr.G.Karthikeyan, Senior Counsel

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for V.S.Sundhareshwar for M.Karthikeya Venkatachalapathy for M.Vignesh Kumar

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For Respondents : Mr.Veerakathiravan, Additional Advocate General assisted by Mr.N.Satheesh Kumar, Additional Govt. Pleader for State Govt.

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Mr.S.Ravi,

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Assistant Public Prosecutor for respondent Police Mr.R.Bharanidharan for HR& CE

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COMMON ORDER

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[Order of the Court was made by D.KRISHNAKUMAR, ACJ. ]

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These Writ Petitions are filed challenging the impugned order of the third respondent / DSP, Palani Division, Dindigul District dated 08.09.2024 and for a consequential direction to the respondents to grant permission to conduct the

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Lord Vinayagar Idol Procession on 14.09.2024 from Patha Vinayagar Temple,

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Palani, Dindigul District to Shanmuganathi River via Gandhi Market Road to immerse the said idols in that river using necessary vehicles with adequate police

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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protection.

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Today when the matter is taken up, it is informed by the learned Assistant Public Prosecutor that the Vinayagar Chathurthi Procession was conducted on 14.09.2024 and the Vinayagar Idols were also immersed and therefore, nothing survives for further adjudication in the present writ petitions.

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Mr.G.Karthilekayan, learned Senior Counsel for the petitioners submitted that as far as this year is concerned, nothing survives for adjudication, however he is concerned with regard to consideration of their request for the next year and therefore seeks that in future the vinayagar idols may be permitted to be taken through Giriveedhi.

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We are of the view that the Vinayagar Idols are permitted to be taken through Giriveedhi manually, but without any entry of vehicles as already iron bollards are installed and if vehicles are permitted, there is every possibility of causing damage to the roads, creation of noise and other pollution and would cause hindrance to the local public and devotees. This Court in similar matters

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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have granted permission to take Vinayagar Idols this year manually, but without any entry of vehicles in Giriveedhi.

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In such circumstances, this Court directs that if any such application is

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filed by the petitioners in future for taking Vinayagar idols through Giriveedhi, it is open to the authorities concerned to consider and pass appropriate orders giving permission for taking Vinayagar idols through Giriveedhi for one day, but entry of vehicles shall not be permitted inside Giriveedhi.

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These Writ Petitions are disposed of with the above directions. No costs.

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Consequently, connected miscellaneous petitions are closed.

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(D.K.K., ACJ.) (R.V., J.) 20.09.2024

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Intex : Yes/No Internet : Yes/No Jvm To 1.The District Collector, Dindigul District, Dindigul. 2.The Superintendent of Police,

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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Dindigul District, Dindigul.

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3.The Deputy Superintendent of Police, Palani Division, Dindigul District.

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4.The Thasildar, Palani (Taluk), Dindigul District.

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5.The Joint Commissioner / Executive Officer, Arulmigu Palanithandayuthapani Temple, Palani, Dindigul District.

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6.The Revenue Divisional Officer, Palani, Dindigul District.

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7.The Inspector of Police, Palani Town Police Station, Dindigul District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.21812, 22019, 22060 of 2024

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D.KRISHNAKUMAR, ACJ. and R.VIJAYAKUMAR, J.

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Jvm

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W.P.(MD)Nos.21812, 22019 & 22060 of 2024

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20.09.2024

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https://www.mhc.tn.gov.in/judis

K.Sivabalamoorthi v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Sivabalamoorthi v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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