Madras High Court
S.Siva Shankar vs The Home Secretary on 29 July, 2019
Bench: S.Manikumar, Subramonium Prasad
W.P.No.22221 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.22221 of 2019
S.Siva Shankar .. Petitioner
Vs.
1. The Home Secretary,
Union of India,
Ministry of Home Affairs,
New Delhi.
2. The Chief Secretary,
Government of Tamil Nadu,
Fort St. George, Chennai-9.
3. The Secretary,
Hindu Religious and Charitable
Endowments Department,
Government of Tamil Nadu,
St.George Fort, Chennai 600 009.
4. The Director General of Police,
No.1, Dr.Radhakrishna Salai,
Mylapore, Chennai-4.
5. The Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Uthamar Gandhi Salai,
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W.P.No.22221 of 2019
Thousand Lights West,
Nungambakkam, Chennai 600 034.
6. Thiru.P.Ponniah, I.A.S.,
Collector of Kanchipuram District,
Cheyyar-Kanchipuram Road,
Gandhi Nagar, Thaiyar Kullam,
Kanchipuram, Tamil Nadu 631 501.
7. The Superintendent of Police,
Collectorate Compound,
Vandavasi Road, Kanchipuram 631 501. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India,
for a Writ of Mandamus, directing the authorities, in order avoid impending
loss of life of people if the current scenario continues and to safe the
devotee from the theft of jewel and property in the hustle and bustle, to
post adequate central police force in the District and Government of India
authorities to take over the administration of the District in and around the
temple premises and make the occasion a joyous one and bring the festive
mood to the temple town back.
For Petitioner : Mr.S.Sivashankar
Party-in-Person
For Respondents : Mr.E.Manoharan, AGP
for R1, R2, R4, R6 and R7
Mr.M.Maharajan, Spl. Govt. Pleader
HR&CE for R3 & R5
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W.P.No.22221 of 2019
COMMON ORDER
(Order of the court was made by SUBRAMONIUM PRASAD, J.) Writ petition is for a Mandamus, directing the authorities, to avoid impending loss of life of people, if the current scenario continues and to save the devotee from theft of jewel and property in the hustle and bustle, to post adequate central police force, in the District and Government of India authorities, to take over the administration of the District, in and around the temple premises and to make the occasion, a joyous one and bring the festive mood to the temple town back.
2. According to the petitioner, deity of Arulmigu Athivaradhar is taken out, once in 40 years from Anantha Saras tank in Varadharaja Perumal Temple. The Lord gives darshan for 48 days. After 1979, the deity of Arulmigu Athivaradhar has been taken out in 2019, and kept inside Varadharaja Perumal Temple for darshan to the devotees.
3. It is the grievance of the writ petitioner that he was in the queue, stretching more than one kilometer to reach the entrance, as he did not know, where passes are issued, and it normally takes a 45 minutes' walk, http://www.judis.nic.in Page 3 of 23 W.P.No.22221 of 2019 to cross from one end of the temple to the other, management of the mammoth crowd is chaotic. Visitors struggle to find their way, from the parking lots meant for private vehicles and bus stops. He could not get proper reply, from anybody and the police officers have failed to respond to his querries. Finally, he managed to enter the so called regulated queue complex and found himself locked in a tin sheet/iron or steel sheet covered narrow lanes, where 5 to 6 people jostle and push each other, on one side, and other zigzag line meant for free darshan, where people push themselves in a similar way to cross nearly a kilo meter of the so called regulated lines.
According to him, there are no police men and volunteers to guide the crowd.
4. The petitioner has further submitted that after joining the line, he found that it is a dungeon with two sides open and it was not intended for more than two or three persons at a time in a line. Luckily, there was open sideways for air flow, the fans were rotating in some places, in the remote corners to show that they have put up the same for people’s convenience. There was no drinking water inside and that there were no rest rooms.
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5. The petitioner has further submitted that he had traumatic experience, people were suffocating and collapsing in front of his eyes and he also witnessed policemen/Volunteers carrying the fainted people, in arms without stretchers and people who became sick, were searching for medical help and he was informed by a woman that she took rest and drips in the hospital inside the temple before wheel charing her for darshan. There was no place to sit or rest in the queue area. Hence, he prayed for the relief, as stated supra.
Heard the learned counsel appearing for the parties and perused the material available on record.
6. In a similar W.P.No.21824 of 2019 etc. batch, a detailed Note was filed by Mr.P.H.Aravind Pandian, learned Additional Advocate General and the same reads thus:
HISTORY OF CASE.
It is submitted that in Kancheepuram District and Town Arufmigu Athivarathar Vaibavam - 2019 festival commenced on 1st July, 2019 and elaborate arrangements have been made in Kancheepuram Town for darshan by devotees comes from all parts of the State and other neighbouring States.
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1. General • The deity of Athi Varathar taken once in 40 years from Ananthasaras tank and the Lord will give dharshan for 48 days.
• This time, the event is from 1.7.2019 to 17.8.2019. • On an average 1 to 1.50 lakh people visiting Lord Athi Varathar daily.
• During Saturday and Sunday the average visitors are 2 lakhs.
• On 18.7.2019 a maximum of 2.75 lakhs visited the temple and on 13.7.2019 it was 2.50 lakhs.
• Total devotees visited from 1.7.2019 to 24.7.2019 are around 34 lakhs.
2. Dharshan details • Free dharshan is ensured for all devotees. • A Special dharshan with " Sahasharanama archana" is in practice from 4.7.2019 onwards for which 500 persons per day is allowed and they have to get the tickets through online.
• A speed dharshan for visiting quickly is in practice from 19.7.2019 onwards. 2,000 persons who get ticket for Rs.300 through online will be allowed from 6 p.m to 10 p.m daily in the special entry.
3. Shade and Sheds • Temporary shed provided in Sethurayar street (200mts), East mada street (300mts) and in the queue line from East rajagopuram to Vasantha mandapam and to the west Raja http://www.judis.nic.in Page 6 of 23 W.P.No.22221 of 2019 gopuram (700mts) and also in the North Mada street for about 1400 mts.
• Since the crowd was very high on 13.7.2019 and some of the devotees were waiting outside the shade area for some time, it was decided to increase queue line / hold up area. Hence new shade / phandal arrangements were made to accommodate nearly another 8000 devotees with in the garden portion of the Temple.
• In all sheds, proper lighting and fan facilities have been made with proper emergency exits and provision for resting places.
4. Temporary Bus Stand / Parking Area • Three Temporary Bus stands at Orikkai, Olimohamed pettai and Pachaiyappas men's college ground has been established with all facilities like proper lighting, water supply, toilets, chairs, Cloak room, Racks for chappal etc. • Separate parking area for cars and two wheelers have been made available in Thiruveedhipallam, Periyathottam, Panchayappa men's college ground and Olimohamed pettai with all kind of facilities.
5. Transpotation • Initially 30 small buses were operated as shuttle service from these temporary Bus stand / parking areas to the temple. Due to heavy influx of devotees it has been increased to 45 as of now.
• Regulation of fare has been done with respect of Auto and share auto/van.
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6. Special provision for senior citizen, physically challenged, Pregnant women and lactatina mothers. • Separate queue line has been made for senior citizen, physically challenged, pregnant women and lactating mothers with shorter length. All these senior citizen, physically challenged, pregnant women and lactating mothers are being received at two reception centers one at Tollgate / Sethurayar street enty and another one at the junction of North mada street and East mada street. • 1250 wheel chairs are available to take them from East Rajagopuram to vasanthamandapam and also upto exit. • 12 battery cars are also in opeation. • Separate enclosures have been made for lactating mothers. • Separate Ramp facilities provided to make their dharshan easy.
• Resting places with proper chair arrangements have also been made.
7. Water supply • Specially, 7 Reverse Osmosis plant (3 inside the temple 4 outside the temple) has been made.
• In 85 places syntex tank has been planced and water is being supplied in and round the Temple. • In 58 places water dispenser points are being installed and water is being distributed by volunteers/department staff of local bodies.
8. Toilet facilities • Proper Toilet facilities have been made in around the http://www.judis.nic.in Page 8 of 23 W.P.No.22221 of 2019 temple and near to the queue line / pandhal area. Totally 200 temporary toilets have been placed apart from 7 permanent toilets around the temple. The total 200 temporary toilets includes 5 exclusively for senior citizens and 4 exclusively for differently abled.
9. Solid waste Management • Totally 1200 conservancy workers are engaged (500 from local municipality and 700 workers from other districts) • Cleaning activities are being carried out continuously and specifically from 9 p.m to 12 p.m daily for making the area fully sanitized.
• The entire area in and around the temple has been separated into 16 sectors and is being monitored on a daily basic by the officers.
10.Medical / Health facilites • Totally 30 special Medical camps available in and around the temple.
• 10 Ambulances and 8 mobile medical teams are also available. 10 Bike ambulances are also in service. • 4 special centers for prevention of communicable diseases have been made.
• Nearly 32,000 persons got their health issues addressed in these centers.
• On 18.07.2019 - 3,382 cases were treated at these 30 Medical camp sites.
• 40 Additional VHNs deployed for giving first aid in Medical camps.
http://www.judis.nic.in Page 9 of 23 W.P.No.22221 of 2019 It is submitted that four deaths occurred on 18.7.2019 is not because of stampede. Three persons got fainted outside the temple after darshan that too on various timings at various places. All are stray incidents. Moreover 4 of them had severe medical complications. The details are as follows:
Sl. Patient Name Sex Age Time of Details Remarks No. incident
1. Tmt.Narayani, Female 55 12.45 Fainted near Known case of W/o.Muthu, P.M. Theradi 3 Kms. severe Avadi. away from the hypertension, temple and Diabetes admitted in Mellitus.
Government Hospital through Post Mortem 108 service at findings.
1.25 P.M. No external
Declared dead. injuries.
Internal
examination no
fracture ribs.
Expert opinion:
The deceased
would appear
to have died of
Coronary
Artery Heart
Disease.
2. Thiru Male 61 4.25 After Known case of
Natarajan, P.M. completion of Severe Aortic
S/o.Narayanasa darshan fainted stenosis with
my, near Vasantha hypertrophic
Tiruvallikeni Mandapam and cardiomy
after first aid opathy
admitted in (patient of
Govt. Hospital. Omandhurar
After CPR Multi Speciality
patient could Hospital)
not be revived.
Hence declared PM finding:
dead at 4.50 No external
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W.P.No.22221 of 2019
Sl. Patient Name Sex Age Time of Details Remarks
No. incident
P.M. injuries.
Internal
examination no
fracture ribs.
Expert opinion:
The deceased
would appear
to have died of
Coronary
Artery Heart
Disease.
3. Tmt.Gengalaksh Female 61 2.31 After darshan Known Severe
mi, P.M. away from the Hypertension.
S/o.Somasekara temple fainted
Rao, Guntur. and after first PM finding:
aid admitted in No external
Govt. Hospital @ injuries.
3.15 P.M. After Internal
CPR patient examination no
could not be fracture ribs.
revived. Hence
declared dead Expert opinion:
at 3.50 P.M. The deceased
would appear
to have died of
Coronary
Artery Heart
Disease.
4. Thiru Anandavel, Male 47 1.59 At the east Known case of
S/o.Vaigundan, P.M. Gopuram Seizure
Salem. temple entrance disorder and
due to not on any
Epilepsy/fits. treatment.
After first aid
admitted in PM finding:
Government No external
Hospital, injuries.
Kancheepuram Internal
at 3.00 P.M. and examination no
subsequently fracture ribs.
referred to CMC
at 3.50 P.M. for Expert opinion:
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W.P.No.22221 of 2019
Sl. Patient Name Sex Age Time of Details Remarks
No. incident
treatment The deceased
through would appear
Ventilator 108 to have died of
Ambulance Coronary
reached CMC at Artery Heart
4.50 P.M. and Disease.
declared dead
at 5.05 P.M.
• As narrated above, all the four persons got first aid treatment at the site of complaints, shifted through 108 with all the facilities and referred to district headquarters hospital and started treatment immediately. All the four persons had severe medical ailments, which predisposes to the cause of death. As per the Post Mortem findings, none of the persons had external injuries and on internal examination no fracture ribs. Hence, the cause of death is not due to stampede.In all these 23 days, no incident of stampede reported.
• On 03.07.2019 one death occurred. One Thiru Sakthi Ajay Kumar, aged 22, Male complaints of giddiness inside the temple near Golden Lizard area first aid given at the place of complaint by Doctor and referred to headquarters hospital. The details are as follows:
Sl. Patient Name Sex Age Time of Details Remarks No. incident
1. Thiru Sakthi Ajay Male 22 2.08 At Headquarters No external Kumar, Hospital, CPR injuries and no given. Patient internal could not be examination no revived and fracture of declared death bones.
http://www.judis.nic.in Page 12 of 23 W.P.No.22221 of 2019 Sl. Patient Name Sex Age Time of Details Remarks No. incident at 2.45 PM. Opinion:
Pending report of chemical analysis.
• On 19.07.2019 one death occurred. The details are as follows:
Sl. Patient Name Sex Age Details Remarks No.
1. Thiru Arumugam Male 72 After darshan, near H/o. Known case of 16th Pillar hyper tension on Mandapam outside irregular treatment.
the temple patient fall down and PM Findings:
became External injury -
unconscious. First Abrasion on the left
aid given and side of the nose.
shifted to Internal examination
headquarters no fracture ribs.
hospital. CPR given
could not be Expert opinion: The
revived declared deceased would
death at 3.10 PM. appear to have died
of Coronary Artery
Heart Disease.
11. Police Protection
• Two Inspector General of Police, 2 DIGs, 14 Superintendent of polices,18 Additional Superintendent of polices, 57 DSPs, 177 Inspectors are being engaged and totally 5,118 Police personnel are engaged in the Bandobust duty. • For traffic regulation, one Deputy Commissioner of Police, 15 Inspectors, 30 sub inspectors and and 300 policemen are being engaged.
http://www.judis.nic.in Page 13 of 23 W.P.No.22221 of 2019 • Bandobust plan prepared by the Superintendent of Police for this Athivarathar Vaibavam-2019.
12. Fire Safety Seven Fire tenders placed in and round the temple and each one fire tender in each of the Bus stand / parking area. Nearly 250 Fire/ rescue persons are available, round the clock.
13. Meeting / Reviews • All kind of preliminary arrangements have been made. The 1st meeting was conducted by District Collector on 19.4.2019. The detailed co-ordination meeting was held on 4.5.2019 by Principal Secretary/Commissioner of HR & CE and on 11.6.2019 by Hon'ble Minister for HR&CE. • Special co-ordination meeting was held by Principal Secretary, Public on 27.06.2019 on the preliminary arrangements made.
• A high level co-ordination meeting was held at the Secretariat by Hon'ble Chief Minister of Tamil Nadu on 20.07.2019.
• On 21.07.2019, Chief Secretary and DGP made a field visit to oversee the arrangements.
• Field level review followed by a high level review meeting was conducted by Hon'ble Chief Minister of Tamil Nadu on 23.7.2019.
14. After the Hon'ble Chief Minister review meeting held on 20.07.2019, the following additional facilities extended for this Athivarathar Vaibavam-2019 by the district http://www.judis.nic.in Page 14 of 23 W.P.No.22221 of 2019 administration.
● Due to increased number of devotees to this Athivarathar Vaibavam-2019, On line ticket darshan extended to 2,000 persons instead of 500 persons. ● Additional panthal erected for 3,000 persons with the provision of lighting and fan facilities for general darshan.
● Sign boards erected for the general public at all important public places, besides seating facilities to relax.
● Public Addressing System to create awareness to the devotees with regard to the arrangements made for the darshan.
● Additionally 15 Mini buses are put in operation and in total 45 mini buses are plying in between Temporary bus stand to the nearby Temple for the easy movement of floating crowd, as shuttle service. ● 21 additional Two wheeler parking areas were identified for parking of two wheelers near the temple by leveling the vacant site. Additional train services introduced by Southern Railway for this Athivarathar Vaibavam-2019.
● Additional two battery cars and in total 12 battery cars are in operation inside the temple.
● 150 additional wheel chairs and in total 1,250 wheel chairs to benefit physically challenged and old aged people are in operation through volunteer services. http://www.judis.nic.in Page 15 of 23 W.P.No.22221 of 2019 ● Butter milk, RO Drinking water, Biscuits, Juice, Annadhanam are being provided through volunteers in and around the temple premises in 58 places in between 50 meters.
● Additional 10 toilet facilities created inside the temple and 2 for physically challenged ● Additional 575 staff mobilized for solid waste management inside the temple and in total 1,200 staff are involved in this task supervised by 16 sector heads. ● Two senior IAS Officers, 5 Deputy Collectors have been appointed by the Government to supervise/monitor the arrangements made for this Vaibavam. ● 16 Sector Officers drafted to supervise/monitor the functioning of respective Departments work inside the temple and crowd management. (27 x 7) The duty staffs are functioning for this Vaibavam period. ● Darshan timings extended upto 11.00 P.M. ● Control room with Toll free No. 1800-425-8978 and Land line No.27237425, 27237207 is functioning round the clock under the control of a Deputy Collector.
Arrangements for the local residents It is submitted that in Kancheepuram District and Town Arulmigu Athivarathar Vaibavam - 2019 festival commenced on 1st July, 2019 and elaborate arrangements have been made in Kancheepuram Town for darshan by devotees comes from all parts of the State and other neighbouring States. http://www.judis.nic.in Page 16 of 23 W.P.No.22221 of 2019
1. Water supply • Specially, 7 Reverse Osmosis plant (3 inside the temple 4 outside the temple) has been made.
• In 85 places syntex tank has been planced and water is being supplied in and round the Temple. * In 58 places water dispenser points are being installed and water is being distributed by volunteers/department staff of local bodies.
2. Toilet facilities * Proper Toilet facilities have been made in around the temple and near to the queue line / pandhal area. Totally 200 temporary toilets have been placed apart from 7 permanent toilets around the temple. The total 200 temporary toilets includes 5 exclusively for senior citizens and 4 exclusively for differently abled.
3. Medical / Health facilites • Totally 30 special Medical camps available in and around the temple.
• 10 Ambulances and 8 mobile medical teams are also available. 10 Bike ambulances are also in service. • 4 special centers for prevention of communicable diseases have been made.
• Nearly 32,000 persons got their health issues addressed in these centers.
• On 18.07.2019 - 3,382 cases were treated at these 30 Medical camp sites.
• 40 Additional VHNs deployed for giving first aid in Medical http://www.judis.nic.in Page 17 of 23 W.P.No.22221 of 2019 camps. It is submitted that four death occurred on 18.7.2019 is not because of stampede. Three persons got fainted outside the temple after darshan that too on various timings at various places. All are stray incidents. Moreover all the 4 had severe medical complications. The details stated in the above table.
• As narrated above, all the four persons got first aid treatment at the site of complaints, shifted through 108 with all the facilities and referred to district headquarters hospital and started treatment immediately. All the four persons had severe medical ailments, which predisposes to the cause of death. As per the Post Mortem findings, none of the persons had external injuries and on internal examination no fracture ribs. Hence, the cause of death is not due to stampede. In all these 23 days, no incident of stampede reported.
4. Police Protection • Two Inspector General of Police, 2 DIGs, 14 Superintendent of polices, 18 Additional Superintendent of polices, 57 DSPs, 177 inspectors are being engaged and totally 5,118 Police personnel engaged in the Bandobust duty. • For traffic regulation one Deputy Commissioner of Police, 15 Inspectors, 30 sub inspectors and and 300 policemen are being engaged.
• Bandobust plan prepared by the Superintendent of Police for this Athivarathar Vaibavam-2019.
5. Annadanam Arrangements http://www.judis.nic.in Page 18 of 23 W.P.No.22221 of 2019 • 46 donors are distributing Annadanam after obtaining permission from the District Administration in North mada street, South mada street, Tollgate area and inside the pandhal regularly. Cooked food, Biscuit packets, water bottle are being provided to the devotees. Locations are as follows,
i) In North mada street near Anna Memorial 2 units are functioning.
ii) North mada street junction - 1 unit. III) South mada street near anjaneyar temple - 1 unit.
iv) Tollgate sethurayar street - 1 unit.
v) Inside the pandhal - lunit.
Vi) Holdup area - 1 unit.
vii) Alwar prakaram - lunit.
and other important public places.
Performance of Pooja/Ritual/Services for Lord Venkateswara Swami and Perunthevi Thayar. • The details indicated in the Writ Petition stating that Pooja and services are not being permitted is not correct. • The Performance of Pooja is not restricted and the pooja is being done 5 times as usual practice. • The hereditary services also not prevented and are being allowed.
• The only steps taken by the District Administration/HR &. CE Department and the Police is preventing the devotees from stay back in the premises available in the frontage and inside the temple. This is mainly due to the fact that "staying http://www.judis.nic.in Page 19 of 23 W.P.No.22221 of 2019 back" in the available spaces will lead to congestion. Non- exit of the devotees who made dharshan preventing the flow of devotees to enter into Vasantha Mandabam for dharshan. • Special permission is being extended to the services providers at particular time to perform their Pooja/Services. • Moreover all the service providers are permitted from East Gopuram. The fact of permission from east gopuram has been extensively informed to the local residents also. Special way through Northern portion of East Alwar Prakararam and North Alwar Prakaram also made for the entry of local service providers."
7. A perusal of the note would show that adequate and extensive facilities are being provided. The learned Additional Government Pleader has emphatically stated that no stampede has taken place in the temple. It is a fact that a large number of devotees are assembling in Kancheepuram to have darshan of Lord Athivaradhar, whose idol has been taken out, after 40 years from Ananthasaras Tank in Varadharaja Perumal Temple. No doubt, some inconvenience would be caused to the local residents, because of the number of people who assemble at Kancheepuram, but to maintain law and order and public order, the State Government have to take reasonable precautions and steps, which is in the interest of public even if it causes inconvenience to the residents and devotees. http://www.judis.nic.in Page 20 of 23 W.P.No.22221 of 2019
8. Nothing has been argued or brought to our notice that would make us to come to a conclusion that State Police is not able to control the crowd.
Till now more than thirty four lakhs people have visited and State Police have been able to control the crowd effectively. Ipse dixit of the statement of the petitioner that the local police is not able to control the crowd, eo persuade us that State Government, to take the help of Central Police, to regulate the crowd.
9. In view of the above discussion, the writ petition is dismissed.
However, there shall be no order as to costs.
(S.M.K., J) (S.P., J.) 29.07.2019 Index : Yes Internet : Yes skm/asr To
1. The Home Secretary, Union of India, Ministry of Home Affairs, New Delhi.
2. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-9.
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3. The Secretary, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, St.George Fort, Chennai 600 009.
4. The Director General of Police, No.1, Dr.Radhakrishna Salai, Mylapore, Chennai-4.
5. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai 600 034.
6. Thiru.P.Ponniah, I.A.S., Collector of Kanchipuram District, Cheyyar-Kanchipuram Road, Gandhi Nagar, Thaiyar Kullam, Kanchipuram, Tamil Nadu 631 501.
7. The Superintendent of Police, Collectorate Compound, Vandavasi Road, Kanchipuram 631 501.
http://www.judis.nic.in Page 22 of 23 W.P.No.22221 of 2019 S. MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
skm/asr W.P.No.22221 of 2019 29.07.2019 http://www.judis.nic.in Page 23 of 23