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[Cites 11, Cited by 0]

Madras High Court

S.Kumar vs The Commissioner Of Police on 26 August, 2025

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                                      WP.Crl.(MD)Nos.1086 of 2025, etc., batch


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 26.08.2025

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

              W.P.Crl.(MD)Nos.1086, 1091, 1096, 1098, 1107, 1110, 1113, 1114, 1117, 1126,
              1127, 1128, 1129, 1158, 1162, 1163, 1164, 1167, 1168, 1169, 1173, 1174, 1180,
                                           1181, 1185 of 2025
                                                   and
                         WP.MP.Crl.(MD) Nos.299 to 304, 309 to 312 of 2025

            W.P.Crl(MD)No.1086 of 2025

            S.Kumar                                                               ... Petitioner

                                                             Vs

            1. The Commissioner of Police,
               O/o. the Commissioner of Police,
               Madurai District,
               Madurai.

            2. The Inspector of Police,
               Perungudi Police Station,
               Madurai District,
               Madurai.                                                         ... 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 grant permission to place the idol of Lord Vinayagar from 27.08.2025 to
            29.08.2025 in the eve of Vinayagar Chathurthi Festival near the premises of
            petitioner home based on petitioner's representation dated 13.08.2025.



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                                  For Petitioner               : Mr.S.P.Naveenkumar,

                                  For Respondents              : Mr.A.S.Abul Kalaam Azad
                                                                  Government Advocate (crl.Side)

            W.P.Crl(MD)No.1091 of 2025

            Duraipandi                                                                       ... Petitioner

                                                                    Vs

            1. The District Collector,
               Tenkasi District.
               Tenkasi.

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

            3. The Inspector of Police,
               Chokkampatti Police Station,
               Chokkampatti,
               Tenkasi 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 2
            and 3 to grant permission for keeping the Vinayagar Idol in Madasamy
            Temple, Thiruvettanallur Village, Tenkasi District on 27.08.2025 and to
            perform poojas to the said vinayagar statue and give police protection for
            vinayagar procession in Thiruvettanallur Village streets and to immerse the
            statue in Kaliyankulam Pond by considering the petitioner representation
            dated 07.08.2025.




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                                                                                             WP.Crl.(MD)Nos.1086 of 2025, etc., batch


                                  For Petitioner         : Mr.G.Kalidoss,

                                  For R-1               : Mr.F.Deepak
                                                          Special Government Pleader
                                  For R2 and R3        : Mr.A.S.Abul Kalaam Azad
                                                          Government Advocate (Crl.Side)

            W.P.Crl(MD)No.1096 of 2025

            G.Maruthupandi                                                        ... Petitioner

                                                                    Vs

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

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

            3. The Inspector of Police,,
               Vedasanthur Police Station,
               Dindigul.
                                                                                  ... Respondents
            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Mandamus direct to the 3rd respondent
            considering petitioner representation and grant necessary permission and
            provide adequate Police Protection for put the vinayagar idols at petitioner
            village on 27.08.2025 as part of Vinayagar Chathurthi festival at vedasanthur
            dindigul District, by considering petitioner representation dated 19.08.2025.
                                  For Petitioner         : Mr. M.Vignesh Kumar,

                                  For Respondent       : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (crl.Side)


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            W.P.Crl(MD)No. 1098 of 2025

            A. Prabhakar                                                      ... Petitioner

                                                                Vs

            1. The State of Tamilnadu, Rep. by,
               The Superintendent of Police,
               Thoothukudi District..

            2. The Deputy Superintendent of,Police,
               Srivaikundam,
               Thoothukudi District.

            3. The Inspector of Police,
               Eral Police Station,
               Thoothukudi 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 grant permission and protection for conducting the Vinayagar Chathurthi
            Festival scheduled to be conducted on 27.08.2025 and 28.08.2025 at
            Srivaikundam Union, Eral Taluk, Thoothukudi District                                    using with loud
            speakers by considering the petitioner's representation dated 08.08.2025.


                                  For Petitioner     : Mr. S. Mandhiralingeswaran,
                                  For Respondent    : Mr.A.S.Abul Kalaam Azad
                                                      Government Advocate (crl.Side)




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            W.P.Crl(MD)No. 1107 of 2025

            P.Gengatharan                                                           ... Petitioner

                                                                    Vs

            1. The Revenue Divisional Officer,
               Tenkasi,
               Tenkasi District.

            2. The Deputy Superintendent of Police,
               Puliyangudi,
              Tenkasi District.

            3. The Inspector of Police,,
               Kadayanallur Police Station,
               Tenkasi District.                                                      ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Mandamus or any other appropriate
            writ or order or direction particularly in the nature of writ, directing the
            respondents herein to grant permission to conduict vinayagar sathurthi
            festival by erecting vinayagar statue in Nattanmai Street, Mavadikkal,
            Kadayanallur, Tenkasi District as staed in the representation of the petitioner,
            dated 21.07.2025 and 24.07.2025 given to the respondents herein.


                                  For Petitioner         : Mr. R.J.Karthick,

                                  For R1                : Mr.F.Deepak (R1)
                                                          Special Government Pleader

                                  For R2 and R3        : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (crl.Side)



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            W.P.Crl(MD)No.1110 of 2025

            S. Hari Ramkumar                                                      ... Petitioner

                                                                    Vs

            1. The Revenue Divisional Officer,
               Tenkasi,
               Tenkasi District.

            2. The Deputy Superintendent of Police,
               Puliyangudi,
               Tenkasi District.

            3. The Inspector of Police,
               Kadayanallur Police Station,
              Tenkasi District.                                                    ... Respondents



            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Mandamus or any other appropriate
            Writ or Order or Direction particularly in the nature of Writ, directing the
            respondents to grant permission to conduct Vinayagar Sathurthi festival by
            erecting Vinayagar Statue in Manthai Thidal, Mavadikkal Therkkuvilai street
            as stated in the representation of the petitioner, dated 21.07.2025 and
            24.07.2025 given to the respondents.


                                  For Petitioner         : Mr. R.J.Karthick,
                                  For R1                : Mr.F.Deepak
                                                          Special Government Pleader
                                  For R2 and R3         : Mr.A.S.Abul Kalaam Azad
                                                          Government Advocate (Crl.Side)




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            W.P.Crl(MD)No. 1113 of 2025

            Sugumaran                                                            ... Petitioner

                                                        Vs

            1. The Tahsildar,
               Madurai East Taluk,
               Narasingam,
              Madurai District.

            2. The Superintendent of Police,
               Alagar Kovil Main Road,
               Surveyor Colony,
               Madurai District.

            3. The Inspector of Police,
               Appanthiruppathi Police Station,
               Madurai 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
            grant permission to install Ganesha Idol in Survey No.79/2 in Patta No. 236
            situated at Velliyangundram Pudhur, Madurai East Taluk, Madurai District
            from 27.08.2025 to 29.08.2025 and subsequently to direct the Respondents to
            grand permission to conduct the Ganesha Idol procession inside of
            Petitioner's village to be held on 29.08.2025 at 3.00 pm to 6.00 pm based on
            the Petitioner's representation dated on 18.08.2025 without causing any
            disturbance to public order.




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                                  For Petitioner         : Mr. P.Pratheesh,

                                  For R1                : Mr.F.Deepak
                                                          Special Government Pleader

                                  For R2 and R3        : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (crl.Side)

            W.P.Crl(MD)No. 1114 of 2025

            S.Harsathkumar                                                              ... Petitioner

                                                                    Vs

            1. The Superintendent of Police,
               O/o the Superintendent of Police,
               Tiruchirappalli District,
               Tiruchirappalli.

            2. The Deputy Superintendent of Police,
               O/o. the Deputy Superintendent of Police,
               Musiri, Tiruchirappalli District.

            3. The Inspector of Police,
               Thuraiyur Police Station,
               Tiruchirappalli District.

            4. The Revenue Divisional Officer,
               O/o. the Revenue Divisional Officer,
               Musiri, Tiruchirappalli 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
            grant permission for conducting Vinayagar Sadhurthi Festival by installing
            Clay Idol of Lord Vinayagar in New Housing Board Quarters on 27.08.2025

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            and for taking procession in via Old RDO Office, Kannanur and Musiri for
            immersing the Idol in Cauvery River on 31.08.2025 by considering the
            representations dated 11.08.2025.


                                  For Petitioner         : Mr. D.Shanmugaraja Sethupathi,

                                  For R1 to R3         : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (crl.Side)
                                  For R4               : Mr.F.Deepak,
                                                          Special Government Pleader


            W.P.Crl(MD)No. 1117 of 2025

            Karuppaiah                                                                 ... Petitioner

                                                                    Vs

            1. The District Collector,
               Sivagangai District.

            2. The Revenue Divisional Officer,
               Devakottai,
               Sivagangai District.

            3. The Tahsildar,
               Thiruppatur Taluk,
               Sivagangai District.

            4. The Superintendent of Police,
               O/o. Superintendent of Police,
               Sivagangai District.

            5. The Deputy Superintendent of Police,
               O/o. Deputy Superintendent of Police,
               Sivagangai District.



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            6. The Inspector of Police,
               Nerkuppai Police Station,
               Thiruppatur Taluk,
               Sivagangai District.                                               ... Respondents
            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Mandamus, to direct the respondents 1
            to 6 to grant and protection to conduct Vinayagar Chaturthi Festival,
            including consecration of Vinayagar Statue on 25.08.2025 and permission and
            protection to celebrate Vinayagar Chathurthi Festival on 27.08.2025 for doing
            poojas and commission and protection for car procession and immersing the
            idol at Navanikalam Kanmai, Nerkuppai, Thiruppatur Taluk, Sivagangai
            District on 29.08.2025, by considering petitioner's representation dated
            20.08.2025.


                                  For Petitioner         : Mr.RMS.Sethuraman,
                                                           for M/s.KBS Law Office

                                  For R1 to R3         : Mr.F.Deepak
                                                         Special Government Pleader

                                  For R4 to R6        : Mr.A.S.Abul Kalaam Azad
                                                        Government Advocate (crl.Side)




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            W.P.Crl(MD)No. 1126 of 2025

            Samayakumar                                                                ... Petitioner

                                                                    Vs

            1. The Superintendent of Police,
               Theni.

            2. The Inspector of Police,
               Chinnamannur Police Station,
               Chinnamannur,
               Theni District 625515.
                                                                                ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Mandamus, directing the 2nd
            respondent to sanction permission to celebrate Sri Vinayakar Chadurthi
            Festival and its procession to be held on 27 and 28th Auguest and give
            adequate police protection to take idol procession in the Street by considering
            my representation, dated 03.08.2025, 04.08.2025 and 19.08.2025 thus render
            justice.
                                  For Petitioner         : Mr. P.Jeyasankar


                                  For Respondents : Mr.A.S.Abul Kalaam Azad
                                                    Government Advocate (Crl. side)




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            W.P.Crl(MD)No. 1127 of 2025

            Esakkirajan                                                          ... Petitioner

                                                                    Vs

            1. The Revenue Divisional Officer,
               Tenkasi,
               Tenkasi District.

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

            3. The Assistant Superintendent of Police,
               Tenkasi,
               Tenkasi District.

            4. The Inspector of Police,
               Tenkasi Police Station,
               Tenkasi 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
            herein to give permission to conduct Vinayagar Sathurthi Festival by erecting
            Vinayagar Statue in front of Anaikarai stated in the representation of the
            petitioner dated 12.08.2025 given to the respondents herein.


                                  For Petitioner         : Mr. R.J.Karthick,
                                  For R1                : Mr.F.Deepak
                                                          Special Government Pleader
                                  For R2 to R4         : Mr.A.S.Abul Kalaam Azad
                                                          Government Advocate (Crl. side)




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            W.P.Crl(MD)No. 1128 of 2025

            P. Mohan                                                        ... Petitioner
                                                                Vs

            1. The Superintendent of Police,
               Office of the Superintendent of Police,
               Dindigul,
               Dindigul District.

            2. The Deputy Superintendent of Police,
               Office of the Deputy Superintendent of Police,
               Dindigul Town,
               Dindigul District.

            3. The Inspector of Police,
               Dindigul Town North Police Station,
               Dindigul,
               Dindigul District.                                              .... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of                              Mandamus, to directing the
            respondents to grand permission for perform the Sri Vinayagar Chathurthy
            from 27.08.2025 to 28.08.2025 at 12 places at Dindigul Town and also
            immerse the said Idols through a procession on 28.08.2025 from 3 PM
            onwards at Dindigul Town with the Police protection by considering my
            representation dated on 06.08.2025 in accordance with law within the time
            stipulated by this Hon'ble Court.


                                  For Petitioner     : Mr. R.Rajaselvan,
                                  For Respondent   : Mr.A.S.Abul Kalaam Azad
                                                      Government Advocate (Crl. side)




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            W.P.Crl(MD)No. 1129 of 2025

            A.Jegan                                                            ... Petitioner

                                                                    Vs

            1. The State of Tamilnadu,
               Rep by the Superintendent of Police,
               O/o.Superintendent of Police,
               Tirunelveli,
               Tirunelveli District.

            2. The Inspector of Police,
               Thisayanvillai Police Station,
               Thisayanvillai,
               Tirunelveli District.                                             ... Respondents
            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ or Order or Direction and particularly a
            writ in the nature of a Writ of Certiorarified Mandamus to call for records
            pertaining to the Impugned rejection order dated 01.08.2025 passed by the
            2nd Respondent and quash the same as illegal and consequently to direct the
            Respondents No.1&No.2 to grant the permission to display Vinayagar Idols
            on various places since 27.09.2025, further to conduct procession and
            immersion at the sea shore of Uvari, Tirunelveli District on 29.08.2025.


                                  For Petitioner         : Mr. V.Rajiv Rufus,

                                  For Respondent       : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (Crl. side)




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            W.P.Crl(MD)No.1158 of 2025

            Esakki                                                                      ... Petitioner

                                                                    Vs

            1. The Revenue Divisional Officer
               Tenkasi,
               Tenkasi District.

            2. The Deputy Superintendent of Police,
               Tenkasi, Tenkasi District.

            3. The Inspector of Police,
               Tenkasi Police Station,
               Tenkasi District.                                                       ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Certiorarified Mandamus or any other
            appropriate Writ or order or Direction particularly in the nature of Writ,
            calling         for       the   records        relating          to      the     impugned              order         in
            Na.Ka.A1/230/2025/TKS(004) dated 19.08.2025 issued by the 1st respondent
            and consequently direct the respondents herein to grant permission to
            conduct Vinayagar Sathurthi festival by erecting Vinayagar statue in front of
            the Mottaiyan Kovil situated at Harihara Vinayagar Kovil Street, Tenkasi as
            stated in representation of the Petitioner dated 24.07.2025 given to the
            respondents herein.
                                  For Petitioner         : Mr. R.J.Karthick,

                                  For R1               : Mr.F.Deepak
                                                         Special Government Pleader

                                  For R2 and R3        : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (Crl. Side)

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            W.P.Crl(MD)No.1162 of 2025

            M.Murugan                                                   ... Petitioner

                                                          Vs
            1. The District Collector,
               Tenkasi District,
               Tenkasi.

            2. The District Revenue Officer,
               Tenkasi District.
               Tenkasi.

            3. The Revenue Divisional Officer,
               Senkottai,
               Tenkasi District.

            4. The Superintendent of Police,
               Tenkasi District.
               Tenkasi.

            5. The Inspector of Police,
               Senkottai Town Police Station,
               Tenkasi.                                                 ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Certiorarified Mandamus calling for
            records relating to the impugned order of the 2nd respondent in
            Na.Ka.A1/230/2025/SCT(006) dated 19.08.2025 rejecting permission to
            conduct Vinayagar Chaturthi Festival and quash the same and consequently
            direct the respondents to grant permission to the petitioner to conduct
            Vinayagar Chaturthi Festival at the proposed place in Sengottai.




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                                  For Petitioner       : Mr.N.Anandha Padmanabhan
                                                         Senior Counsel
                                                         for Mr.M.Murugan
                                  For R1 to R3         : Mr.F.Deepak (R1-R3)
                                                         Special Government Pleader
                                  For R4 and R5       : Mr.A.S.Abul Kalaam Azad
                                                        Government Advocate (crl.Side)

            W.P.Crl(MD)No.1163 of 2025


            S.Murugan                                                                ... Petitioner

                                                                    Vs

            1. The District Collector,
               Tenkasi District,
               Tenkasi.

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

            3. The Revenue Divisional Officer,
               Tenkasi Sub-Division,
               Tenkasi.

            4. The Deputy Superintendent of Police,
               Tenkasi Sub-Division,
               Tenkasi.

            5. The Tahsildar,
               Tenkasi Taluk,
               Tenkasi.

            6. The Inspector of Police,,
               Tenkasi Town Police Station,
               Tenkasi District.                                                  ... Respondents



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            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
            records relating to the impugned order passed by the 3rd respondent in
            Na.Ka.A1/230/2025/TKS(001) dated 19.08.2025, signed on 21.08.2025, and
            quash the same as illegal consequently directing respondents to grant
            necessary permission for installation of Vinayagar Idol and poojas at
            Arulmigu Sudalai Madan Temple premises, Madhankovil 2nd Street, Tenkasi
            from 26.08.2025 to 28.08.2025, and for procession and immersion of the idol
            on 28.08.2025 through the very same routes permitted for other Hindu and
            political organizations.


                      For Petitioner   : Mr.S.Balamurugan
                      For R2, R4 and : Mr.A.S.Abul Kalaam Azad
                           R6          Government Advocate (Crl. side)

                      For R1 and R5 : Mr.F.Deepak
                                      Special Government Pleader


            W.P.Crl(MD)No.1164 of 2025

            R. Murugan                                                    ... Petitioner
                                                            Vs

            1. The State of Tamilnadu,
               Rep by its the Sub Divisional Executive
               Magistrate Cum Sub Collector Tenkasi
               Sub Division and District.

            2. The Inspeector of Police,
               Sengottai Police Station,
               Tenkasi District.                                              ... Respondents

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            PRAYER: Writ Petition filed under Article 226 of the constitution of India,
            seeking for the issuance of Writ of Certiorarified Mandamus, to call for the
            records in the impugned order in Na.Ka.No.A1/230/2025/SCT-20, dated
            21.08.2025 passed by the first respondent and quash the same and
            consequently, directing the respondents to permit the petitioner to install the
            “Lord Vinayagar Idol” in front of the petitioner's house/shop Door No.190-B,
            Servaikaran New Street, Sengottai.


                                  For Petitioner         : Mr. RM.Arun Swaminathan

                                  For R1 and R2        : Mr.A.S.Abul Kalaam Azad
                                                         Government Advocate (Crl. side)

            WP.Crl.(MD) No.1167 of 2025:

            Esakkirajan                                                           ...Petitioner

                                                                    Vs

            1.The Revenue Divisional Officer,
              Tenkasi,
              Tenkasi District.

            2.The Deputy Superintendent of Police,
              Tenkasi,
              Tenkasi District.

            3.The Inspector of Police,
              Tenkasi Police Station,
              Tenkasi District.                                                   ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Certiorarified Mandamus, calling for the

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            records relating to the impugned order in Na.Ka.A1/230/2025/TKS(0016),
            dated 21.08.2025, issued by the first respondent herein to grant permission to
            conduct Vinayagar Chathurthi festival by erecting Vinayagar Statue in front
            of Anaikarai Vinayagar Temple, situated in Anaikarai Street, Tenkasi, as
            stated in representation of the petitioner, dated 12.08.2025 given to the
            respondents.


                                  For Petitioners
                                              : Mr. R.J.Karthick,
                                  For R1     : Mr.F.Deepak
                                               Special Government Pleader
                           For R2 to R4 and : Mr.A.S.Abul Kalaam Azad,
                      For R2 & R3        Government Advocate (Crl.side)


            WP.Crl.(MD) No.1168 of 2025:-

            R.Gurusamy                                                                        ... Petitioner

                                                                     Vs.

            1. The Sub-Divisional Executive Magistrate-
                        cum-Sub Collector,
               O/o.The District Collector,
               Tenkasi District,
               Tenkasi.

            2. The Deputy Superintendent of Police,
               Tenkasi,
               Tenkasi District.

            3. The Inspector of Police,
               Tenkasi Police Station,
               Tenkasi.                                                                       ... Respondents




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            PRAYER : Writ Petition filed under Article 226 of the constitution of India,
            seeking for the issuance of Writ of Certiorarified Mandamus, to call for the
            records          pertaining       to    order         issued         by          the   1st     respondent              in
            Na.Ka.A1/230/TKS(002) dated 19.08.2025 and signed on 21.08.2025 and
            quash the same as unconstitutional and consequently direct the respondents
            to grant permission to install Vinayagar idol near Arulmigu Alagu
            Natchiamman temple at Kuthukkalvalasai, Tenkasi Taluk, Tenkasi District,
            on 26.08.2025 for worship and to immerse the same in the river at Ilanchi on
            31.08.2025.


                                  For Petitioner     : Mr.Ananthapadmanabhan,
                                                       Senior Counsel
                                                       for Mr.P.Subbiah

                                  For R1             : Mr.F.Deepak,
                                                       Special Government Pleader,

                                  For R2 and R3      : Mr.P.Kottaichamy,
                                                       Government Advocate (Crl. side)


            WP Crl.(MD) No.1169 of 2025:-

            M.Kanagasabapathi                                                      ... Petitioner


                                                                    Vs

            1.The Revenue Divisional Officer,
              Tenkasi,
              Tenkasi District.

            2.The Deputy Superintendent of Police,
              Tenkasi, Tenkasi District.

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            3.The Inspector of Police,
              Tenkasi Police Station,
              Tenkasi District.                                                ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
            records               relating    to         the          impugned                order          in                and
            Na.Ka.A1/230/2025/TKS(005) dated 19.08.2025 issued by the 1st respondent
            and consequently direct the respondents herein to grant permission to
            conduct Vinayagar Sathurthi festival by erecting Vinayagar statue in front of
            the Arulmighu Mela Mutharamman Kovil Campus, Tenkasi District, as
            stated in representation of the Petitioner dated 14.07.2025 given to the
            respondents herein.


                                  For Petitioners  : Mr. R.J.Karthick,
                                  For R1          : Mr.F.Deepak
                                                    Special Government Pleader
                                  For R2 & R3    : Mr.A.S.Abul Kalaam Azad,
                                          Government Advocate (Crl.side)

            WP.Crl.(MD) No.1173 of 2025:-

            Rajagopal                                                           ... Petitioner

                                                                     Vs

            1.The State Represented by Its,
              The Superintendent of Police,
              Pudukkottai District.

            2.The Thasildhar,
              Aavudaiyarkovil Taluk Office,
              Pudukkottai District.

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            3.The Inspector of Police,
              Aavudaiyarkovil Police Station,
              Aavudaiyarkovil Taluk,
              Pudukkottai District.

            4 Vijay @ Ponnusamy                                                   ...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 1
            to 3 to take necessary and appropriate action to ensure that the forthcoming
            Vinayagar Chaturthi Festival scheduled to be held on 27.08.2025, as well as
            all subsequent festivals, at Sri Vallaba Ganapathi Temple situated at Kidangi
            Vayal Village, Udayamanickam West, Avudaiyarkovil Taluk, Pudukkottai
            District and at Sri Nagathamman Temple situaged behind the said temple are
            conducted jointly with due participation of all concerned villagers and with
            the taxes collected from both parties, and further restraining the fourth
            respondent and his supporters from excluding the petitioner and other
            villagers from the conduct of the said festivals and to take effective steps to
            prevent any law and order problem in this regard, based on the petitioner's
            representation, dated 12.08.2025.


                                  For Petitioner      :Mr.V.Selvakumar
                                  For R1 & R2         :Mr.F.Deepak,
                                                       Special Government Pleader
                                  For R3              : Mr.P.Kottaichamy
                                                        Government Advocate (Crl.Side)




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            WP.Crl.(MD) No.1174 of 2025:

            G. Kaliappan                                                      ... Petitioner

                                                         Vs

            1.The State of Tamilnadu,
              The District Collector,
              Tenkasi District.

            2.The Revenue Divisional Officer,
              Sub Collector, Tenkasi,
              Tenkasi District.

            3.The State of Tamilnadu,
              Rep by Its, Superitendent of Police,
              Tenkasi District.
              Tirunelveli.

            4.The State of Tamilnadu,
              Rep by the Deputy Superintendent of Police,
              Tenkasi,
              Tenkasi District.

            5.The Thasildhar,
              Tenkasi Taluk,
              Tenkasi District.

            6.The State of Tamilnadu,
              Rep by its the Inspector of Police,
              Courtalam Police Station,
              Tenkasi District.                                        ...Respondents




            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a writ of Ceritioarified Mandamus to call for
            records pertaining to the impugned order of the 2nd Respondent in his

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            proceedings Na.Ka.A1/230/2025 TSU-(21) dated 21.08.2025 and procession
            of Vinayagar Chathurti festival and procession will be held on 27.08.2025 and
            28.08.2025 in front of the East Ilanji Kaliamman Kovil at Ilanji, Tenkasi
            District.
                                  For Petitioner  :Mr.M.Perumal
                                  For R1,R2 & R5 :Mr.F.Deepak,
                                                   Special Government Pleader
                                  For R3, R4 & R6 : Mr.P.Kottaichamy
                                                    Government Advocate (Crl.Side)

            W.P.Crl.(MD)No.1180 of 2025

            S.Hari Ramkumar                                                                      ... Petitioner

                                                                 Vs.

            1. The Revenue Divisional Officer,
               Tenkasi,
               Tenkasi District.

            2. The Deputy Superintendent of Police,
               Puliyangudi,
               Tenkasi District.

            3. The Inspector of Police,
               Kadayanallur Police Station,
               Tenkasi District.                                                          ... Respondents


            PRAYER : Writ Petition filed under Article 226 of the constitution of India,
            seeking for the issuance of Writ of Certiorarified Mandamus, to call for the
            records relating to the impugned order in Na.Ka.A1/230/2025/KLR(24)
            dated 23.08.2025 issued by the 1st respondent and quash the same and
            consequently, direct the respondents herein to grant permission to conduct
            Vinayagar Sathurthi festival by erecting Vinayagar Statue in Manthai Thidal,


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            Mavadikkal Therkkuvilai Street, Kadayanallur, Tenkasi District as stated in
            representations of the petitioner dated 21.07.2025 and 24.07.2025 given to the
            respondents herein.


                                  For Petitioner     : Mr.R.J.Karthick

                                  For R1             : Mr.F.Deepak,
                                                       Special Government Pleader
                                  For R2 and R3      : Mr.P.Kottaichamy,
                                                       Government Advocate (Crl. side))


            WP.Crl.(MD) No.1181 of 2025:-

            P.Gengatharan                                                                      ... Petitioner

                                                                    Vs

            1. The Revenue Divisional Officer,
               Tenkasi,
               Tenkasi District.

            2. The Deputy Superintendent of Police,
               Puliyangudi,
               Tenkasi District.

            3. The Inspector of Police,
               Kadayanallur Police Station,
               Tenkasi District.                                                             ... Respondents


            PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
            praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
            records relating to the impugned order in Na.Ka.A1/230/2025/KLR(23)
            dated 23.08.2025 issued by the 1st respondent and consequently, direct the
            respondents herein to grant permission to conduct Vinayagar Sathurthi

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            festival by erecting Vinayagar Statue in Mavadikkal Nattanmai Street,
            Kadayanallur, Tenkasi District as stated in the representation of the
            petitioner dated 21.07.2025 and 24.07.2025 given to the respondents herein.


                                  For Petitioner       : Mr.R.J.Karthick

                                  For R1             : Mr.F.Deepak,
                                                       Special Government Pleader
                                  For R2 and R3      : Mr.P.Kottaichamy,
                                                       Government Advocate (Crl. Side)

            WP.Crl.(MD) No.1185 of 2025:-

            N.Rajasekar                                                                  ... Petitioner

                                                                    Vs

            1.The Superintendent of Police,
              Tuticorin,
              Tuticorin District.

            2.The Deputy Superintendent of Police,
              Sathankulam Police Sub Division,
              Tuticorin District.

            3.The Inspector of Police,
              Sathankulam Police Station,
              Tuticorin 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
            herein not to accord permission to conduct Vinayakar Chathurthi festival at
            Selva Vinayakar Temple which is situated in private land in survey no.
            1470/18 at Chettiyar Nadutheru, Sathankulam Village, Sathankulam Taluk,
            Tuticorin District.

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                                  For Petitioner       :Mrs.S.Sangeetha Sri

                                  For Respondents : Mr.P.Kottaichamy
                                                   Government Advocate (Crl.Side)

                                                                   *****

                                                   COMMON ORDER


This batch of writ petitions pertains to the installation and immersion of Vinayagar idols in connection with the forthcoming Vinayagar Chaturthi festival scheduled to commence on 27.08.2025. Since the issues raised are substantially similar, they are disposed of by this common order.

2.These petitions can broadly be divided into two categories.

– In the first set, the petitioners had submitted representations which are yet to be considered by the authorities, and hence they seek a mandamus for appropriate orders.

– In the second set, the petitioners’ representations have already been rejected, and therefore they challenge the said orders of rejection.

3.Sum and substance of the arguments advanced on the side of the petitioners are as follows:-

28/67
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch 3.1.The petitioners contend that the refusal to grant permission and / or keeping their representation pending without taking any decision infringes upon their fundamental right to worship under Article 25 of the Constitution of India.
3.2.It is submitted that while permission has been granted to other individuals in the same locality, the petitioners have been arbitrarily denied the same.
3.3.They further assert that there would be no law and order issues arising from the installation, and that they are willing to comply with all guidelines issued by the authorities.
4.In response, the respondents / State made their submissions as follows:-

4.1.The respondents submit that the petitioners approached them at the last minute, leaving insufficient time for administrative preparation.

4.2.It is also pointed out that several cases have been registered in previous years in connection with similar installations.

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5.This Court considered the rival submissions made by the respective parties and perused the materials placed on record.

6.This Court is deeply conscious of the fundamental right to worship, which is a cornerstone of our constitutional framework. Freedom of religion is one of the most cherished rights guaranteed under the Constitution. Article 25 secures to every person the freedom of conscience and the right freely to profess, practise and propagate religion, subject only to public order, morality and health.

7.Festivals such as Vinayagar Chaturthi are deeply rooted in tradition and form an integral part of such freedom. Worship, both individual and collective, is not a matter of State concession but a matter of constitutional recognition. The celebration of Vinayagar Chaturthi, including the installation of idols and their immersion, must therefore be respected as legitimate expression of religious faith.

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8.That said, constitutional rights are not absolute. They operate in harmony with other duties and interests of society. The freedom of worship must be balanced with the duty of the State to maintain law and order, as well as with the constitutional obligation under Article 48-A and Article 51- A(g) to protect and improve the environment. A right asserted by one citizen cannot be allowed to cause harm to another, nor to the larger community of life that depends upon shared natural resources.

9.It is to be noted, historically, the worship of Lord Vinayagar was centered around small temples located at street corners, maintained by local communities. Over time, the practice of installing large, ornate idols in public spaces emerged—initially as a symbol of collective devotion, but gradually becoming a display of grandeur, competition, and, at times, social assertion.

10.Past experiences during public festivals have shown that sudden or late-night installations of idols in public places often create avoidable strain on the police and administration. Once idols are placed at street corners or open spaces without prior planning, there is always a risk that at odd hours 31/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch disturbing incidents may occur. Such incidents can inflame passions and disturb peace. Therefore, it is not only reasonable but necessary that the police and administration maintain vigilance and provide protection wherever required.

11.While the right to worship is protected, it must be exercised with responsibility and foresight. The petitioners have approached the authorities belatedly, leaving little room for administrative scrutiny, security arrangements, and environmental compliance. Therefore, last-minute applications cannot be entertained, especially when they involve public installations requiring coordination across multiple departments.

12.Equally significant are environmental concerns. Traditionally, idols were made of clay and natural colours which dissolved harmlessly in water.

The present practice of using Plaster of Paris (“PoP”), synthetic paints and non-biodegradable materials has caused grave harm to water bodies.

13.When Vinayagar idols made of PoP are immersed in lakes, rivers, or coastal waters, the idols gradually disintegrate, releasing fine particles of gypsum into the water column, thereby increasing turbidity and sediment 32/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch load. At the same time, the painted surfaces leach heavy metals and chemical contaminants into the waterbody. The immediate impact of such immersion is the deterioration of water quality.

14.The end effects on living organisms in the water body are severe.

Fish and other aquatic animals are highly sensitive to oxygen levels, and the sudden decline caused by idol immersions often result in fish kills and large-

scale mortality of sensitive species. Increased turbidity can clog the gills of fish and invertebrates, while idol fragments smother the natural habitats of bottom-dwelling organisms. The toxic metals released from paints and coatings are absorbed by plankton and smaller aquatic organisms, and these toxins pass up the food chain, ultimately affecting larger fish, birds, and even humans who consume contaminated fish. In the long run, the immersion of PoP idols damages the ecological balance and reduces the usability of natural water resources. Such water becomes unsuitable for domestic use, agricultural irrigation, or recreational purposes.

15.Enamel paints, which are often applied to PoP idols for a glossy and durable finish, pose a serious environmental hazard when such idols are immersed in water bodies. Unlike natural colours, enamel paints do not 33/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch dissolve or degrade easily; instead, they peel off and release persistent chemical residues into the water. This results in long-lasting contamination of both water and sediments, reducing dissolved oxygen, harming fish and other aquatic organisms, and introducing toxins into the food chain.

16.Scientific studies and repeated directions of the National Green Tribunal (NGT) have pointed out that such immersion reduces dissolved oxygen in rivers and lakes, kills fish and aquatic life, and introduces toxins that harm cattle, birds and even human populations depending on those waters. To persist with such practices in the name of devotion would not only violate environmental laws, but would also contradict the spirit of reverence for nature which lies at the core of Indian faith.

17.The Central Pollution Control Board (CPCB) has issued revised guidelines for idol immersion on 12.05.2020, under which the manufacture of Vinayagar idols using Plaster of Paris (PoP) is prohibited. The guidelines direct that idols must be made only of natural clay, which is biodegradable and eco-friendly, and decorated with natural, non-toxic, water-soluble colours. The use of toxic chemical dyes, synthetic paints, enamel paints, and non-biodegradable materials such as plastics and thermocol is strictly 34/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch banned. As per this guideline, the State Pollution Control Boards are to ensure effective implementation of the guidelines.

18.The First Bench of this Court in Dr.K.R.Ramaswamy @ Traffic Ramaswamy v. Chief Secretary, Government of Tamil Nadu and Others [W.P.Nos.21953, 22240 of 2017, dated 23.08.2017], issued a direction to the State Government to frame certain rules and regulations formulating detailed guidelines of the requisites that have to be complied with by the organizers.

The relevant portion is extracted as under:-

“20.The State shall frame Regulations and/or Rules formulating detailed guidelines of the requisites that have to be complied with by all organizers who temporarily instal idols on public land and perform public worship. Such guidelines should include the requisite safety and fire safety measures required to be taken by the organizers, measures to prevent environmental and noise pollution, measures to avoid obstruction of traffic to the extent feasible, the requisite civil and medical facilities required to be provided by the organizers, etc. The Regulations shall be enforced the next time any idol of Vinayagar or any other deity is temporarily installed for worship on any public land.”

19.Pursuant to the orders of the Division Bench, the Government has issued guidelines for installation and worship of Vinayagar idols and also for 35/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch immersion thereof in G.O.Ms.No.598, Public (Law & Order) Department, dated 09.08.2018.

20.This Government Order was challenged by one Rama Gopalan, Trustee of Vinayagar Chathurthi Madhiya Kuzhu and Others before this Court in WP.Nos.22439 of 2018, etc., batch. This Court, by order dated 15.03.2023, while upholding the Government Order, has set aside the guideline nos.13, 15 & 16. This Court has also issued the following directions:-

“13. ... i) The directions already given by this Court vide its order dated 7.9.2018 shall be strictly adhered to;
ii) The guideline No.2 given vide G.O. Ms. No.598 shall be strictly followed, as undertaken by the learned counsel for the respective petitioners and no idol, other than clay shall be permitted for immersion;
iii) The idols, which are made of clay and are to be immersed in water shall be painted only with water soluble non toxic paint;
iv) Any idol, which is not made of clay and made of other chemicals, such as Plaster of Paris, etc., shall not be allowed for immersion and shall be kept separately;
v) Similarly idols, which are not painted with water soluble non toxic paints shall not be allowed for immersion;
vi) The jurisdictional authorities shall, in consultation with the petitioners and other like minded people, fix a date, not later than a week from the date of installation of the idol, for immersion of the idol at 36/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch designated water bodies;
vii) The time during which procession of the idol shall be taken shall also be decided in consultation with the petitioners and other like minded people by the jurisdictional authorities without causing any hindrance to the movement of traffic;
viii) The jurisdictional authorities shall earmark a particular place, where all the idols are brought so that the procession shall proceed from the said place to the designated place of immersion at the time mutually agreed with the petitioners and like minded persons;
ix) It is made clear that during procession, the petitioners should ensure that there are no disturbance caused to the general public and movement of traffic and the other guidelines mandated in G.O. Ms. No. 598 shall be scrupulouosly followed;

x) In view of the guidelines issued by this Court above in clause Nos.(vi) to (ix), the guideline Nos.13, 15 and 16 issued in G.O. Ms. No. 598 shall stand set aside;

xi) Insofar as guideline No.17 is concerned, which is with regard to taking of the idols in four wheelers in exclusion of bullock cart/fish cart/three wheelers, the said guideline has been framed keeping in mind the movement of traffic and congestion and, therefore, the said condition cannot be relaxed.

xii) All other guidelines issued in G.O. Ms. No.598 stands affirmed.”

21.The guidelines issued in G.O.Ms.No.598, Public (Law & Order) Department, dated 09.08.2018, other than clause nos.13, 15 & 16, thus holds 37/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch good and they are extracted as under:-

“(1) Any organiser intending to install Vinayakar idol should apply in a prescribed format (as in Form-l) to the Assistant Commissioners of Police concerned, where there are Police Commissionerates, and RDO / Sub Collector in all other cases, at least a month in advance along with No Objection Certificates (NOCs) obtained from
i) Land owner concerned. If the proposed land is a public land, NOC from the Local Bodies concerned / Highways or the Department concerned should be obtained;
ii) The Station House Officer concerned (including Sound Amplifier License / Permit);
iii) Fire and Rescue Services to the effect that temporary structures erected adhere to the fire safety standards;
and
(i) A letter indicating source of power supply and proof of temporary supply of electricity from TANGEDCO.

Necessary permission will be issued by the Assistant Commissioner of Police in Police Commissionerates, and RDO / Sub-Collector in other cases in Form-II annexed to the guidelines.

(2) The idols proposed to be installed should be made of pure clay and should not be made of any polluting materials such as Plaster of Paris or painted with prohibited polluting chemicals and as stipulated by Tamil Nadu Pollution Control Board and Central Pollution Control Board from time to time. In case idols are to be painted, water soluble and non-toxic natural dyes alone should be used. Use of toxic and non-biodegradable chemical dyes for painting idols is strictly prohibited.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch (3) The organisers should avoid using infl ammable materials for construction of temporary structures and should provide entry and exit, which are wide enough for smooth and easy ingress into and exit out of ‘Pandhals’ and / or structures in a regulated manner.

(4) The organisers should ensure that adequate fi rst aid and emergency medical facilities are made available and no infl ammable materials are stored in and around the worship areas.

(5) The height of the Idol proposed to be installed should not exceed 10 feet including the base and the dais.

(6) Installation of Idols near other religious places / hospitals / educational institutions should be avoided.

(7) Sound Amplifier (Mike) License would be granted only for two hours in the morning and two hours in the evening, during Pooja. Cone type speakers are prohibited and only box type speakers should be used. Public Address System should not exceed the prescribed noise decibel limit and in the event any music is played, the music should not exceed the prescribed noise decibel limit.

(8) The organisers should ensure that no illegal activities take place under the garb of Vinayakar worship including unauthorized tapping and / or pilferage of electricity.

(9) No flex boards in support of any political party or communal leader shall be erected at the premises of the programme.

(10) Organisers should depute two volunteers round the clock for safety of the Idol. The installation places of Idol should be properly illuminated. Generator set may be provided in case of power failure.

(11) Shouting of slogans inciting communal hatred and affecting the sentiments of other religions shall not be permitted at any cost.

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(13) quashed (14) The District Collectors concerned shall annually finalise the list of Idol immersion points in their districts in consultation with the Police Department, Tamil Nadu Pollution Control Board, Local Bodies and related Departments. Idols should be immersed only in the designated “Idol Immersion Points” identified by the authorities concerned.

(15) quashed (16) quashed (17) Four wheelers, (i.e.), mini lorry / tractor should only be used for carrying the Idols. Bullock cart/fish cart/ three wheelers would not be permitted.

(18) Capacity of participants travelling in the vehicle carrying Vinayakar Idol should be in accordance with the Motor Vehicle Act, 1988.

(19) Bursting of crackers at the Vinayakar Idol installation places / immersion points / procession routes should not be allowed.

(20) Worship materials like flowers, clothes, decorating material (made of paper and plastic), etc., should be removed before immersion of Idols. Bio-degradable materials should be collected separately for recycling or composting. Non-biodegradable materials should be collected separately for disposal in sanitary landfills.

(21) The ‘Idol Immersion Points’ shall be cordoned off and barricaded. Synthetic liner may be placed in the bottom, well in advance. The said liner shall be removed on completion of immersion ceremony so 40/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch that the remains of Idols would be brought to the bank. Bamboo and wooden logs, if any, would be reused. Clay, etc., may be taken to sanitary landfill for disposal.

(22) Within 48 hours of the immersion of Idols, the left over material at the Idol immersion points on the banks of rivers, lakes, beaches, etc., should be collected by the local bodies for disposal.

(23) Tamil Nadu Pollution Control Board should conduct water quality assessment of the water body, preferably in Municipal Corporations at three stages, (i.e.), pre-immersion, during immersion and post immersion. Considering the size of water body, appropriate number of sampling locations may be determined in order to get a fairly representative assessment of water quality. For ascertaining water quality, physico-chemical parameters such as pH, DO, BOD, COD, Conductivity, Turbidity, TDS, Total Solids and Metals (Chromium, Lead, Zinc and Copper) may be analysed.

(24) The appeal against the order of permission issuing authority lies with the Commissioner of Police in Police Commissionerates and District Collector in other cases.”

22.The above Government Order specifically mandates that Vinayagar idols must be made from traditional clay or mud and decorated only with natural dyes or biodegradable colours. Idols made of PoP, thermocol, plastics, and those coated with chemical, enamel, or oil-based paints are expressly prohibited.

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23.Yet another First Bench of this Court in M.Arasupandi v. The District Collector, Madurai and Others [WP(MD)No.21124 of 2023, dated 31.08.2023], has held as follows:

“5. The Tamil Nadu Pollution Control Board has enumerated the Central Pollution Control Board Rules from dissolving Lord Vinayagar statues. The same reads thus:
"Role and Responsibilities of the local and urban authorities.
i) Licenses/permits may be granted by the Local and Urban bodies within respective jurisdiction to only those idol Manufacturers or Makers or Crafts Man or Artisans who uses only Eco-friendly natural clay materials (But not PoP or baked clay) in making idols, prior to festive times.

Hence, proper action may be taken on the basis of this complaint in accordance with Tamil Nadu District Municipalities Act, 1920 and Tamil Nadu Public Health Act, 1939 and same shall be intimated to the complainant as per well as this office."

6. The revised guidelines for idol immersion issued by the Central Pollution Control Board is also placed on record and it is submitted by the learned Government Pleader that these guidelines would be adhered to.

7. As far as taking out procession is concerned, it is for the authorities to control and navigate the procession in an orderly manner. The guidelines are also laid down by the Central Pollution Control Board regarding immersing the idols and the same are in place. It is expected from the authorities to adhere to the same or to implement the same.” 42/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch

24.Another Division Bench of this Court in District Collector, Tirunelveli District and Others v. Prakash [CMP(MD)No.12428 of 2023 in WA(MD) No.1599 of 2023, dated 17.09.2023] has held as follows:

“10.Though the Central Pollution Control Board as well as the State Pollution Control Board are bound to follow the directions of Government, there is no direction by the Central or State Governments permitting manufacture of idols using Plaster of Paris. In that view of the matter, this Court is unable to find force in the argument of the learned Senior Counsel by referring Section 5 of the Environment (Protection) Act, 1986.
... ... ...
15.There shall be an order of interim stay of operation of the order, made in W.P.(MD)No.22892 of 2023, dated 16.09.2023. The appellants may take appropriate action against any one to prevent manufacturing, selling or immersion of idols made of plaster of paris or plastics etc. in adherence to the revised guidelines.”

25.This order was upheld by the Hon'ble Supreme Court in Prakash v.

The District Collector, Tirunelveli District & Others (Special Leave Petition (Civil) Diary No.38492 of 2023, dated 18.09.2023). Therefore, the ban on the manufacturing, selling and immersion of idols made of PoP continues to be in force and as per the guidelines of the Central Pollution Control Board and TNPCB, the same is prohibited.

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26.In fact, the National Green Tribunal in Hariharan vs. District Collector, Tiruvallur [Original Application No.135 of 2023 (SZ), dated 24.01.2024] has held as follows:

“17. It is also noticed that no fee is being collected by the authorities while permitting the immersion of idols in designated locations as a result the burden of cleaning up falls squarely on the Government and the Local bodies. Such practices negate the 'Polluter Pays' principle. Ideally, the authorities should not only penalize those associations/individuals who are immersing the idols in water bodies which have not been notified but also should collect an upfront fee while permitting the immersion of idols in the designated locations so that the burden of removal, cleaning and restoration is borne by the associations/ agencies/ individuals who are permitted to immerse the idols in the designated locations. The upfront fee may be prescribed with reference to the size of the idol and the issue of the quantum of fees can be finalized by the committee constituted by this Tribunal.
18. Considering the conspectus of the issue, the Tribunal issues the following directions:-
i. The revised guidelines issued by the CPCB dated 12.05.2020 should be implemented in its letter and spirit.
ii. The committee constituted by this Tribunal shall convene a meeting at least six months before the Vinayagar Chaturthi festival every year so that through proper consultation and education, artificial tanks can be created, water bodies can be notified well in 44/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch advance, manufacture of idols with POP can be prevented, etc. iii. The committee constituted by this Tribunal shall fix the upfront fees to be collected from the parties/persons who seek permission for immersion of idols in the designated water bodies, before the scheduled Vinayagar Chaturthi festival.
iv. The committee shall determine the fee for such immersion depending on the size of the idol to be immersed, etc. v. The scale of penalties for immersion of idols in unnotified water bodies may also be widely advertised two to three months prior to the Vinayagar Chaturthi festival.
vi. The District Level Authorities should launch a sensitization campaign on the need for responsible immersion of idols worshipped during the Vinayagar Chaturthi festival.
vii. The amounts collected for immersion of idols may be usefully spent on the maintenance of the designated water bodies. ”
27.Devotion to God cannot be allowed to result in disturbance to man or destruction of nature. True worship lies in harmony - harmony among communities through peace and order, and harmony with creation through protection of the environment.
28.This Court cannot ignore the underlying motivations in some cases.

Most of the present requests appear to be driven by ego clashes and a desire 45/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch to assert monetary influence, rather than genuine religious intent. This Court strongly deprecates the practice of roping in divinity to settle personal scores or display social dominance. God is not a tool for rivalry; He is a symbol of unity, peace, and spiritual elevation.

29.The Court takes judicial notice of the fact that while Vinayagar temples at street corners remain neglected throughout the year, elaborate efforts are made to install giant idols during the festival. This paradox calls for introspection among devotees. True devotion lies not in grandeur but in consistent reverence and upkeep of places of worship.

30.The Court also notes with concern the disparity in treatment—where permission has been granted to one group but denied to another. Such selective approval is not in consonance with the principles of fairness and equality. Either all similarly placed applicants must be permitted, or none.

Discrimination in granting permission, especially in matters involving religious expression, can lead to unnecessary friction and undermine public trust.

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31.The environmental consequences of idol immersion, as discussed supra, cannot be overlooked. This Court, therefore, holds that no permission for immersion shall be granted unless the petitioners obtain a certificate from the Pollution Control Board, confirming that the idol is free from banned pollutants and harmful substances.

32.In the absence of such certification, it shall be the responsibility of the petitioners to safely retain and dispose of the idol without causing harm to water bodies or aquatic life. In such cases, they can immerse the idols in artificial water bodies rather than natural water bodies such as ponds, rivers and lakes. In this regard, this Court takes cue from the decision of the Bombay High Court in Rohit Manohar Joshi & Others v. State of Maharashtra & Others (Public Interest Litigation No.96 of 2024, dated 24.07.2025), wherein, it was held as follows:

“10. As an ad-interim measure and taking into account the fact that Ganpati Festival will be celebrated from 27 August 2025, we deem it appropriate to make the following arrangement for immersion of idols till March 2026:-
(i) The State Government shall amend the Guidelines dated 21 July 2025 to the limited extent of permitting immersion of only idols exceeding the height of 6 ft in natural water bodies. All idols below the height of 6 ft shall be immersed only in artificial water tanks.” 47/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch
33.It is in fact the Central Pollution Control Board, in its revised guidelines for idol immersion, dated 12.05.2020, has also encouraged for creating temporary pond / tank of suitable size and adequate capacity with necessary provision for immersion of idols.

Conclusion:-

34.All these applications have been made at the last minute, and the officials have also disposed of the representations of the petitioners at the last minute. Neither the petitioners nor the police have followed the guidelines issued in G.O.Ms.No.598, Public (Law & Order) Department, dated 09.08.2018, which were upheld by this Court, with certain modifications, in Rama Gopalan’s case (supra).
35.As per the said Government Order, the competent authority to grant permission is the Assistant Commissioner of Police in city limits, and the Revenue Divisional Officer / Sub Collector in rural limits. A No Objection Certificate must also be obtained from the Station House Officer with regard to the use of sound amplification systems. However, in most cases, the rejection orders have been passed directly by the Station House Officers 48/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch themselves, who are not the competent authority. Further, the applicants have not submitted their requests in the format prescribed under the Government Orders.
36.This Court further finds that the applications have not been made in the prescribed format contemplated under the Government Order. Instead, many are bald representations, some even made on the letter-heads of political parties, seeking permission for installation of idols in bulk numbers —12 places, 18 places, and so on—without disclosing the registration details of the political party. This Court has also noticed instances of rival claims within the same organisation, with one faction’s Secretary seeking permission for a location while the President seeks permission for another.
37.The learned Government Advocate, on instructions, submitted that in almost every area, not less than 50 exclusive Vinayagar temples are already available. In spite of this, the petitioners insist on installation of idols on public roads, near hospitals, market places and other sensitive areas, without any proposal for safe and lawful immersion. The officials, however, claim to have identified certain water bodies for immersion 49/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch
38.G.O.Ms.No.598 specifically mandates that before, during, and after immersion, the Pollution Control Board must ascertain and record the pH levels of the water body. Both the Central and State Pollution Control Boards have issued similar guidelines, and the National Green Tribunal in Hariharan’s case (supra) reiterated these safeguards. However, compliance with these directions is conspicuously absent.
39.This Court has already noticed that invariably, every year, these applications are moved at the eleventh hour. The present batch is no exception. Almost all applications have been filed only in the last minute.

Likewise, the officials have also disposed of the representations at the last minute, leaving no scope for proper adjudication before this Court.

Consequently, only a few cases could be taken up in detail.

40.Resultantly, (1) WP.Crl.(MD)Nos.1086, 1091 of 2025:-

The petitioners sought for mandamus. Since the representation of the petitioners have already been rejected, these writ petitions are closed with a 50/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch direction to the petitioners to workout their remedy in the manner known to law.
(2) WP.Crl.(MD)No.1096 of 2025:-
The petitioner, claiming to be a District Youth Wing President of a party by name Hindu Tamizhalar Katchi, sought permission to install 12 statues. The learned Government Advocate (Crl. Side) has also pointed out that the petitioner has made a request in the previous year for the year 2023, seeking permission to install 18 statues in Vedasandur and also filed a writ petition before this Court in W.P.(MD)No.22014 of 2023. This Court, by its order dated 13.09.2023, disposed of the writ petition granting permission to the petitioner to install the statue in one place. Now, for this year, the petitioner has made a request to instal 12 statues in various places.
2.It appears that permission has already been granted for one place.

Since this Court has permitted to the petitioner to install the statue in one location in the previous year, this Court is not inclined to entertain this writ petition. It appears that the petitioner has not approached with genuine reasons. Accordingly, this writ petition is dismissed.

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These petitions are disposed of, with a direction to the Competent Authority as well as respondent Police to grant necessary permission / no objection to the petitioner for conducting the festival.
(4) WP.Crl.(MD)No.1107 of 2025:-
The petitioner, seeking permission to conduct vinayagar chathurthi festival by installing a vinayagar statue, submitted representations dated 21.07.2025 and 24.07.2025 and also filed this writ petition seeking a direction to grant permission.
2.Pending this petition, the respondent Police has rejected the request of the petitioner by order dated 23.08.2025. Therefore, the petitioner has filed another writ petition in WP.Crl.(MD)No.1181 of 2025. In view of the subsequent writ petition filed by the petitioner, this writ petition is dismissed as infructuous.

(5) WP.Crl.(MD)No.1110 of 2025:-

The petitioner, seeking permission to conduct vinayagar chathurthi festival by installing a vinayagar statue, submitted representations dated 52/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch 21.07.2025 and 24.07.2025 and also filed this writ petition seeking a direction to grant permission.
2.Pending this petition, the respondent Police has rejected the request of the petitioner by order dated 23.08.2025. Therefore, the petitioner has filed another writ petition in WP.Crl.(MD)No.1180 of 2025. In view of the subsequent writ petition filed by the petitioner, this writ petitoin is dismissed as infructuous.

(6) WP.Crl.(MD)No.1113 of 2025:-

In this case, the petitioner is intending to install the statue in a rural area, but he has not made any representation in the prescribed format to the competent authority namely the Revenue Divisional officer. The petitioner has not even added the Revenue Divisional Officer as a party to this writ petition. Therefore, this Court is not in a position to issue any direction to the Revenue Divisional Officer.
2.Accordingly, this writ petition is closed with liberty to the petitioner to submit an application in the prescribed format as mentioned in G.O.Ms.No.598, in future.
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Since it is reported that permission has already been granted to one Chinnaiah, let the petitioner also join and participate in the festival. The respondent Police shall ensure that the petitioner is permitted to participate in the festival along with the said Chinnaiah. Accordingly, this writ petition stands disposed of.
(8) WP.Crl.(MD)No.1126 of 2025:-
The petitioner, seeking permission to celebrate Sri Vinayakar Chathurthi Festival and its procession to be held on 27.08.2025 and 28.08.2025, has submitted a representation and also filed this writ petition.
2.The learned Government Advocate (Crl. Side) submitted that the petitioner has not impleaded the Competent Authority / Revenue Divisional Officer as a party to this writ petition. He also pointed that the petitioner has installed a statue without any permission and therefore, a criminal case has been registered as against the petitioner.
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3.In view of the above, this writ petition is dismissed. The respondent Police is directed to prosecute the case in Crime No.351 of 2024 by filing the final report within eight weeks.

(9) WP.Crl.(MD)Nos.1127, 1167 of 2025:-

Though the learned Government Advocate (Crl.side) has initially raised serious objections, in view of the submissions made by the learned counsel for the petitioner that the Vinayagar Chathurti festival would be celebrated by erecting a Vinayagar Statue inside the premises of Anaikarai Vinayagar Kovil, situated at Anaikarai Street, Tenkasi, this Court is passing the following order.
2.WP.Crl.(MD) No.1167 of 2025 is allowed. The impugned order passed by the Revenue Divisional Officer / the first respondent in Na.Ka.A1/230/2025/TKS(0016), dated 21.08.2025 is set aside. The Revenue Divisional Officer, Tenkasi shall permit this petitioner to celebrate Vinayagar Chathurthi festival, by erecting the Vinayagar Statue inside the premises of Anaikarai Vinayagar Kovil, situated at Anaikarai Street, Tenkasi, in 55/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch accordance with the conditions stipulated in the Government Order in G.O.Ms.No.598, Public (Law & Order) Department, dated 09.08.2018. In view of the order passed in WP.Crl.(MD) No.1167 of 2025, WP.Crl.(MD) No.1127 of 2025 is closed.

(10) WP.Crl.(MD)No.1128 of 2025:-

Since it is reported that the request of the Secretary has already been considered and permission has been granted for installing Vinayagar statues in 10 places in Dindigul, this writ petition is closed with liberty to this petitioner / President to celebrate the festival along with his secretary in the places, where Vinayagar Idols have already been permitted.
(11) WP.Crl.(MD)No.1129 of 2025:-
This writ petition is allowed, since the impugned order has been passed by an incompetent authority. The impugned order passed by the second respondent, dated 01.08.2025 is set aside. Liberty is granted to this petitioner to approach the competent authority, namely, the Revenue Divisional Officer concerned and on such application by the petitioner, the Revenue Divisional Officer shall consider the same, after complying with the requirements / 56/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch conditions stipulated in the Government Order in G.O.Ms.No.598, Public (Law & Order) Department, dated 09.08.2018.
(12) WP.Crl.(MD)Nos.1158, 1169 of 2025:-
Considering the undertaking given by Mr.R.J.Karthick, learned counsel for the petitioner that he would take personal responsibility for conducting the Vinayagar Chathurti festival in a peaceful manner, by erecting the Vinayagar Statue inside the premises of Arulmighu Mela Mutharamman temple, Tenkasi and also without procession, immersion would be conducted, WP.Crl.(MD)No.1169 of 2025 is allowed. The impugned order passed by the Revenue Divisional Officer / the first respondent in Na.Ka.A1/230/2025/TKS(005) dated 19.08.2025 is set aside. The Revenue Divisional Officer, Tenkasi shall permit this petitioner for erecting the Vinayagar Statue inside the premises of Arulmighu Mela Mutharamman Temple, Tenkasi, in accordance with the conditions stipulated in the Government Order in G.O.Ms.No.598, Public (Law & Order) Department, dated 09.08.2018. WP.Crl.(MD)No.1158 of 2025 is dismissed as withdrawn. 57/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm ) WP.Crl.(MD)Nos.1086 of 2025, etc., batch (13) WP.Crl.(MD)No.1180 of 2025:-
In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.
(14) WP.Crl.(MD)No.1181 of 2025:-
This writ petition is disposed of, with a direction to the respondents to consider the case of the petitioner as expeditiously as possible.
41.For want of time, the remaining writ petitions in WP.Crl.(MD)Nos.

1162, 1163, 1164, 1168, 1173, 1174, 1185 of 2025 cannot be taken up for hearing. However, considering the fact that Vinayagar Chaturthi festival is scheduled to commence tomorrow (27.08.2025), these writ petitions are also disposed of, with a direction to the respondents / Competent Authorities to consider / reconsider the petitioners’ applications and grant permission for installation of Vinayagar idols, strictly subject to the following conditions:

- Applicants who have installed idols in previous years and have a proven record of compliance may be considered for permission.
- Applicants who have approached belatedly or whose intent appears doubtful shall not be granted permission.
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42.Above all, the officials shall ensure that idols are immersed in an eco-friendly manner, after ascertaining the quality of the water before, during, and after the immersion. The directions of the Central Pollution Control Board, the Tamil Nadu Pollution Control Board, and the National Green Tribunal shall be strictly complied with. The guidelines issued by the Government, under G.O.Ms.No.598, Public Department, dated 09.08.2018, shall be strictly complied with.
43.No immersion shall be permitted in such a manner as to pollute the water bodies, which are meant not only for human beings but also for other living beings. Before immersion, organisers must obtain a certificate from the competent authority confirming that the idol is free from restricted materials such as plaster of Paris, chemical paints or other non-biodegradable substances. Only idols certified as eco-friendly shall be permitted for immersion in natural water bodies. Insofar as the uncertified idols are concerned, the organisers should take steps to immerse such idols in artificial water bodies.
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44. In conclusion, this Court, while upholding the petitioners’ right to celebrate Vinayagar Chaturthi, makes it clear that such celebration must be inclusive, responsible, and environmentally sustainable.

There shall be no order as to costs. Consequently, all the connected miscellaneous petitions are closed.

            Index    :            Yes                                                     26.08.2025
            Internet :            Yes
            NCC      :            Yes
            ogy/vrn/gk

            To

            1. The Commissioner of Police,
            O/o. the Commissioner of Police,
            Madurai District,
            Madurai.

            2. The Inspector of Police,
            Perungudi Police Station,
            Madurai District,
            Madurai.

            3. The District Collector,
            Tenkasi District.
            Tenkasi.

            4. The Superintendent of Police,
            Tenkasi District.
            Tenkasi.




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            5. The Inspector of Police,
            Chokkampatti Police Station,
            Chokkampatti,
            Tenkasi District.

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

            7. The Deputy Superintendent of Police,
            Vedasanthur,
            Dindigul
            District.

            8. The Inspector of Police,,
            Vedasanthur Police Station,
            Dindigul.

            9. The State of Tamilnadu, Rep. by,
            The Superintendent of Police,
            Thoothukudi District..

            10. The Deputy Superintendent of Police,
            Srivaikundam,
            Thoothukudi
            District..
            11. The Inspector of Police,
            Eral Police Station,
            Thoothukudi
            District.

            12. The Revenue Divisional Officer,
            Tenkasi,
            Tenkasi District.

            13. The Deputy Superintendent of Police,
            Puliyangudi,
            Tenkasi District.



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            14. The Inspector of Police,,
            Kadayanallur Police Station,
            Tenkasi
            District.

            15. The Revenue Divisional Officer,
            Tenkasi,
            Tenkasi District.

            16. The Deputy Superintendent of Police,
            Puliyangudi,
            Tenkasi District.

            17. The Inspector of Police,
            Kadayanallur Police Station,
            Tenkasi District.

            18. The Tahsildar,
            Madurai East Taluk,
            Narasingam,
            Madurai District.

            19. The Superintendent of Police,
            Alagar Kovil Main Road,
            Surveyor Colony,
            Madurai District.

            20. The Inspector of Police,
            Appanthiruppathi Police Station,
            Madurai District.

            21. The Superintendent of Police,
            O/o the Superintendent of Police,
            Tiruchirappalli District,
            Tiruchirappalli.

            22. The Deputy Superintendent of Police,
            O/o. the Deputy Superintendent of Police,
            Musiri, Tiruchirappalli District.

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            23. The Inspector of Police,
            Thuraiyur Police Station,
            Tiruchirappalli District.

            24. The Revenue Divisional Offic,
            O/o. the Revenue Divisional Officer,
            Musiri, Tiruchirappalli District.

            25. The District Collector,
            Sivagangai District.

            26. The Revenue Divisional Officer,
            Devakottai,
            Sivagangai District.

            27. The Tahsildar,
            Thiruppatur Taluk,
            Sivagangai District.

            28. The Superintendent of Police,
            O/o. Superintendent of Police,
            Sivagangai District.

            29. The Deputy Superintendent of Police,
            O/o. Deputy Superintendent of Police,
            Sivagangai District.

            30. The Inspector of Police,
            Nerkuppai Police Station,
            Thiruppatur Taluk,
            Sivagangai District.

            31. The Superintendent of Police,
            Theni.

            32. The Inspector of Police,
            Chinnamannur Police Station,
            Chinnamannur, Theni District 625515.

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            33. The Revenue Divisional Officer,
            Tenkasi,
            Tenkasi District.

            34. The Superintendent of Police,
            Tenkasi,
            Tenkasi District.

35. The Assistant Superintendent of Police, Tenkasi, Tenkasi District.

36. The Inspector of Police, Tenkasi Police Station, Tenkasi District.

37. The Superintendent of Police,, Office of the Superintendent of Police, Dindigul, Dindigul District.

38. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Dindigul Town, Dindigul District.

39. The Inspector of Police, Dindigul Town North Police Station, Dindigul, Dindigul District.

40. The State of Tamilnadu, Rep by the Superintendent of Police, O/o.Superintendent of Police, Tirunelveli, Tirunelveli District.

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41. The Inspector of Police, Thisayanvillai Police Station, Thisayanvillai, Tirunelveli District.

42. The Revenue Divisional Officer, Tenkasi, Tenkasi District..

43. The Deputy Superintendent of Police, Tenkasi, Tenkasi District..

44. The Inspector of Police, Tenkasi Police Station, Tenkasi District.

45. The District Collector, Tenkasi District, Tenkasi.

46. The District Revenue Officer, Tenkasi District.

Tenkasi.

47. The Revenue Divisional Officer, Senkottai, Tenkasi District.

48. The Superintendent of Police, Tenkasi District.

Tenkasi.

49. The Inspector of Police, Senkottai Town Police Station, Tenkasi.

50. The District Collector, Tenkasi District, Tenkasi.

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51. The Superintendent of Police, Tenkasi District, Tenkasi.

52. The Revenue Divisional Officer, Tenkasi Sub-Division, Tenkasi.

53. The Deputy Superintendent of Police, Tenkasi Sub-Division, Tenkasi.

54. The Tahsildar, Tenkasi Taluk, Tenkasi.

55. The Inspector of Police, Tenkasi Town Police Station, Tenkasi District.

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gk Common Order made in W.P.Crl.(MD)Nos.1086, 1091, 1096, 1098, 1107, 1110, 1113, 1114, 1117, 1126, 1127, 1128, 1129, 1158, 1162, 1163, 1164, 1167, 1168, 1169, 1173, 1174, 1180, 1181, 1185 of 2025 26.08.2025 67/67 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 10:14:30 pm )