Madras High Court
A.Radhakrishnan vs The Secretary on 29 July, 2019
Bench: S.Manikumar, Subramonium Prasad
W.P.No.21824 of 2019 etc.
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.Nos.21824, 21980, 21999, 22001 & 22014 of 2019
WMP.Nos.21245, 21247, 21248 & 21250 of 2019
WP.No.21824 of 2019
A.Radhakrishnan .. Petitioner
Vs.
1.The Secretary,
Ministry of Defence, Jai Songh Marg,
Hanuman Road Area,
Connaught Place,
New Delhi, Delhi - 110 001.
2. The Secretary,
Ministry of Home Affairs,
North Block Central Secretariat,
New Delhi - 110 001.
3. The Chief Secretary to Government,
Secretariat,
St.George Fort, Chennai 600 009.
4. The Secretary to Government,
Public Department, Secretariat,
St.George Fort, Chennai 600 009.
5. The Secretary to Government,
Revenue and Disaster Managment,
Secretariat,
St.George Fort, Chennai 600 009.
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W.P.No.21824 of 2019 etc.
6. The Secretary to Government,
Home Department, Secretariat,
St.George Fort, Chennai 600 009.
7. The Secretary to Government,
Tourism Culture and Endowments Department,
Secretariat,
St.George Fort, Chennai 600 009.
8. The Commissioner,
Revenue and Disaster Management Department,
Ezhilagam, Chennai.
9. The Commissioner,
Hindu Religious and Charitable Endowments Department,
No.119, Nungambakkam High Road,
Chennai - 600 034.
10. The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004.
11. The District Collector,
1st floor, Collectorate,
Kancheepuram - 631 501.
12. The Assistant Commissioner/Executive Trustee,
Arulmigu Devaraja Swamy Temple,
Kancheepuram - 631 501. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, for a
Writ of Mandamus, directing the respondents 1 to 11 to regulate the devotees
Dharshan and ensure the safety and all basic needs and amenities to the devotees
who came for Dharshan to Arulmigu Athi Varathar of 12th respondent temple by
considering petitioner representation dated 20.07.2019.
For Petitioner : Mr.R.Marudhachalamurthy
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W.P.No.21824 of 2019 etc.
For Respondents : Mr.Arvind Pandian,
Additional Advocate General
Assisted by Mr.E.Manoharan, AGP
for R3 to R6, R8, R10 & R11
Mr.M.Maharajan, Spl. Govt. Pleader
HR&CE for R7, 9 & 12
WP.No.21980 of 2019
T.E.Srinivasan .. Petitioner
Vs.
1.State of Tamil Nadu,
Rep. by its Principal Secretary,
Hindu Religious & Charitable Endowment,
Fort St.George, Chennai - 09.
2. District Collector,
Kancheepuram District,
Thaiyar Kullam, Kancheepuram,
Tamil Nadu - 631 501.
3. Superintendent of Police,
Kancheepuram District,
Taiyar Kullam, Kancheepuram,
Tamil Nadu - 631 501. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, for a
Writ of Mandamus, directing the respondents to permit the petitioner and other
devotees to worship the main deities (Mulavar) of Lord Devarajaswamy and
Perunthevi Thayar, in Kancheepuram.
For Petitioner : Mr.Suhirth Parthasarathy
for Mr.Adhithya Reddy
For Respondents : Mr.Arvind Pandian,
Additional Advocate General
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W.P.No.21824 of 2019 etc.
Assisted by Mr.E.Manoharan, AGP
for R2 & R3
Mr.M.Maharajan, Spl. Govt. Pleader
HR&CE for R1
WP.No.21999 of 2019
T.C.Srinivasan .. Petitioner
Vs.
1.State of Tamil Nadu,
Rep. by the Chief Secretary,
Fort St.George, Chennai.
2. The Chief Secretary / Principal Secretary,
Ministry of Home Affairs,
State of Tamil Nadu,
Fort St.George,
Chennai.
3. The Government of India,
Rep. by the Home Secretary,
Ministry of Home Affairs, North Block,
New Delhi.
4. The Commissioner of HR & CE (Administration)
120, Mahathma Gandhi Road,
Nungambakkam, Chennai - 600 034.
5. The Assistant Commissioner/Executive Officer,
Sri Devarajaswami Devasthanam,
Little Kanchipuram, Kanchipuram.
6. The District Collector,
Kanchipuram District, Kanchipuram.
7. Superintendent of Police,
Kancheepuram District,
Kancheepuram. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, for a
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W.P.No.21824 of 2019 etc.
Writ of Mandamus, directing the respondents to take the assistance of the CISF or
handing over the entry point, exit point and other related areas to CISF to control
the entry and exit of the devotees who come for Dharshan of Athi Varadhar and
appoint Monitoring Committee consisting of Eminent persons including Revenue
and Police officials and making the authorities accountable monetary and security
aspects to such monitoring committee as regards Sri Athi Varadhar Dharshan
festival at Kanchipuram.
For Petitioner : Mr.T.Ramesh
For Respondents : Mr.Arvind Pandian,
Additional Advocate General
Assisted by Mr.E.Manoharan, AGP
for R1 to R3, 6 & 7
Mr.M.Maharajan, Spl. Govt. Pleader
HR&CE for R1
WP.No.22001 of 2019
1. K.N.Krishnan
2. B.Muthu .. Petitioners
Vs.
1.State of Tamil Nadu,
Rep. by Principal Secretary,
Hindu Religious & Charitable Endowment,
Fort St.George, Chennai.
2. District Collector,
Kancheepuram District,
Thaiyar Kullam, Kancheepuram,
Tamil Nadu - 631 201.
3. Superintendent of Police,
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W.P.No.21824 of 2019 etc.
Kancheepuram District,
Kancheepuram.
4. Municipal Commissioner,
Kancheepuram - 630 501. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, for a
Writ of Mandamus, directing the respondent officials to make suitable
arrangements to ensure that the residents living in the vicinity of Shri
Devarajaswamy Temple, Kancheepuram have unhindered access to their
residences, are able to carry on their day to day activities without any hindrance
and have access to all essential services .
For Petitioners : Mr.Adithya Reddy
For Respondents : Mr.Arvind Pandian,
Additional Advocate General
Assisted by Mr.E.Manoharan, AGP
for R2 & R3
Mr.M.Maharajan, Spl. Govt. Pleader
HR&CE for R1
WP.No.22014 of 2019
T.S.N.Prabhakaran .. Petitioner
Vs.
1. District Collector,
Kancheepuram District.
2. The Superintendent of Police,
Kancheepuram.
3. The Commissioner,
Hindu Religious & Charitable Endowment,
Uthamar Gandhi Salai,
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W.P.No.21824 of 2019 etc.
Nungambakkam, Chennai - 600 034.
4. The Secretary,
Home Department, St.George Fort,
Chennai - 600 009. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, for a
Writ of Mandamus, directing the respondents 1 and 4 to take immediate action on
the petitioner's representation dated 19.07.2019 through E-mail.
For Petitioner : Mr.T.S.N.Prabhakaran
Party-in-Person
For Respondents : Mr.Arvind Pandian,
Additional Advocate General
Assisted by Mr.E.Manoharan, AGP
for R1, R2 & R4
Mr.M.Maharajan, Spl. Govt. Pleader
HR&CE for R3
COMMON ORDER
(Order of the court was made by SUBRAMONIUM PRASAD, J.) All the writ petitions relate to the arrangement and conduct of Arulmigu Atthivaradhar Vaibhavam - 2019 festival, which commenced on 1.7.2019 and concludes on 17.8.2019, and they are disposed of, by this common order.
2. The deity of Arulmigu Athivaradhar is taken out once in 40 years http://www.judis.nic.in Page 7 of 34 W.P.No.21824 of 2019 etc. 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. The grievance of the writ petitioners in these writ petitions can be summarised as under:
(a) Inadequate arrangements for the devotees who come to worship Lord Athivaradhar:
It is the submission of the petitioners that a huge crowd assembles for darshan of the Lord and devotees have to wait for a very long time in queue. There is no arrangement at all for drinking water and eatables. There are no proper toilet facilities. The petitioner in W.P. No.22014 of 2019 has stated that there was a stampede in the temple resulting in the death of four people. The Collector is not permitting any NGO to help, in the matter of regulation of crowd. It is also stated that the police is behaving in a very highhanded manner. There is no proper security arrangement. There are also complaints against the Collector and officers that they are permitting their own people to cut across the queue under the garb, that they are VIPs. The District Collector and the Commissioner, HR&CE are issuing VIP passes and there is no mechanism. There are two entries. Entry through east Gopuram is for ordinary devotees and the west tower is for VIPs, but there is http://www.judis.nic.in Page 8 of 34 W.P.No.21824 of 2019 etc. only one exit point for all the devotees, due to which there was a stampede. There is no hundi kept near the Athivaradhar and huge donations of money are being given by devotees, for which there is no proper accounting.
(b) Inconvenience caused to the local residents:
It is further submitted that due to the festival, local residents have been put to lot of difficulties. There is no proper arrangements for the local people even to reach their houses. The residents are forced to leave their cars about 2 Kms away. Milkman and Domestic help are not permitted to come to the streets near the temple. Sannadhi Street and Mada Street, which are used for the entry of VIPs, is completely blocked. It is submitted that due to these restrictions, school children are not able to go to school, old and infirm are not able to walk freely.
(c) The moolavar/the main deity is closed for general public:
It is the grievance of the local residents that many devotees, who stay in Kancheepuram, have day darshan of Lord Varadharaja Perumal everyday. After the worship of the deity taken from Ananthasaras tank, the local devotees are not permitted to have darshan of the main deity. It is stated that apart from the main deity, there are several other moolavars within the temple of Varadharaja Perumal and the general public are prevented to have darshan of these deities. It is submitted that prohibition to have http://www.judis.nic.in Page 9 of 34 W.P.No.21824 of 2019 etc. darshan of moolavars in the temple, infringes the fundamental rights guaranteed under Article 25 of the Constitution of India. It is also stated that keeping Arulmigu Athivaradhar inside the temple is in violation of Rules 8 and 9 of the Rules framed under the Tamil Nadu Temple Entry Autorization Act, 1947.
(d) Deployment of CISF to provide security:
It is stated that regulation of the crowd must be given to the Central Industrial Security Force (CISF) and should not left with the local police.
CISF is more sensitive and efficient in carrying out security arrangements for functions like the present one. It is stated that the local police acts in a very highhanded/partisan manner and not able to manage/regulate the huge crowd, causing immense difficulty to the devotees and the local public.
3. Mr.P.H.Arvind Pandian, learned Additional Advocate General for the State of Tamil Nadu, has stated that the event is being conducted from 1.7.2019 to 17.8.2019. He has made detailed submission and has also filed a Note. Instead of paraphrasing the Note, it would be better to reproduce the entire Note submitted by the learned Additional Advocate General and the same reads thus:
HISTORY OF CASE.
http://www.judis.nic.in Page 10 of 34 W.P.No.21824 of 2019 etc. 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.
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 http://www.judis.nic.in Page 11 of 34 W.P.No.21824 of 2019 etc. 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 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 http://www.judis.nic.in Page 12 of 34 W.P.No.21824 of 2019 etc. 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.
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. http://www.judis.nic.in Page 13 of 34 W.P.No.21824 of 2019 etc. • 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 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 http://www.judis.nic.in Page 14 of 34 W.P.No.21824 of 2019 etc. 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.
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
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Sl. Patient Name Sex Age Time of Details Remarks
No. incident
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
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.
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W.P.No.21824 of 2019 etc.
Sl. Patient Name Sex Age Time of Details Remarks
No. incident
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:
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:
http://www.judis.nic.in Page 17 of 34 W.P.No.21824 of 2019 etc. 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.
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 http://www.judis.nic.in Page 18 of 34 W.P.No.21824 of 2019 etc. 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.
• 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 http://www.judis.nic.in Page 19 of 34 W.P.No.21824 of 2019 etc. 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 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 http://www.judis.nic.in Page 20 of 34 W.P.No.21824 of 2019 etc. 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. ● 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 http://www.judis.nic.in Page 21 of 34 W.P.No.21824 of 2019 etc. 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.
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 http://www.judis.nic.in Page 22 of 34 W.P.No.21824 of 2019 etc. 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. 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 http://www.judis.nic.in Page 23 of 34 W.P.No.21824 of 2019 etc. being engaged.
• Bandobust plan prepared by the Superintendent of Police for this Athivarathar Vaibavam-2019.
5. Annadanam Arrangements • 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.
http://www.judis.nic.in Page 24 of 34 W.P.No.21824 of 2019 etc. • 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 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."
4. A perusal of the note would show that adequate and extensive facilities are being provided. The learned Additional Advocate General 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 http://www.judis.nic.in Page 25 of 34 W.P.No.21824 of 2019 etc. 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.
5. Preventing entry of vehicles for the residents temporarily, cannot be said to be excessive regulation. We are not impressed by the arguments that even basic facilities like milk etc. are not being made available to the local residents. In any event, the learned Additional Advocate General has assured before this court that the respondents would look into the matter and bring out some remedial steps to address the inconvenience expressed by the local public.
6. Darshan of moolavars in the temple everyday, whether is a part of religion or not, and whether Article 25 of the Constitution of India has been affected by the temporary measure not to allow general public to have darshan of moolavars during these days? We have been taken through the Route Map of the temple and it has been stated by the learned Additional Advocate General that keeping in view the crowd that assembles, a decision has been taken to prohibit entry of visitors to the places, where Moolavars are installed, during the 48 days, in order to prevent stampede inside the http://www.judis.nic.in Page 26 of 34 W.P.No.21824 of 2019 etc. temple and to ensure smooth flow of devotees, who have primarily assembled to have the glimpse of Lord Athivaradhar. However, the learned Additional Advocate General has stated that a meeting would be held to consider the possibility of allowing the devotees to have darshan of the moolavars, keeping in view the important days like Aadi Pooram.
7. We are not expressing any opinion one way or the other, and on the above aspect we leave it to the State Government to take appropriate decision regarding darshan of moolavars during important/religious festival days.
8. Contention of the petitioners is that their rights under Article 25 of the Constitution of India has been taken away and that right to have a glimpse of the moolavars everyday, is a part of religion. This question can only be addressed in a civil suit, where the petitioners have to lead evidence to establish the fact that right to have darshan of moolavars every day is part of Article 25 of the Constitution of India. Writ court is not the appropriate forum to adjudicate this issue.
9. In any event, the right under Article 25 of the Constitution of India is always subject to public order, morality and health, and further, the State http://www.judis.nic.in Page 27 of 34 W.P.No.21824 of 2019 etc. is not prevented from issuing any order, regulating or restricting any economic, financial, political or other secular activities, which may be associated with the religious practice. No binding precedent has been placed before this Court that the right to have a glimpse of the Lord in a temply everyday, is a part of religion. At this juncture, we may only observe that at best, it can only be a practice of that person, who goes to the temple, to worship moolavars, but does not form an integral part of the religion, to go to temples, making it a fundamental right.
10. We further observe that during festivals, when large number of devotees assemble, the State should be given the freedom of action, to regulate the timings and days of darshan of moolavars, inside the temple.
11. We are also not impressed by the argument that the decision of the Government not to permit darshan of moolavars, inside the temple, is violative of Rules 8 and 9 of Rules under the Tamil Nadu Temple Entry Authorisation Act, 1947. The said Rules read as under:
8. The temple buildings and premises shall not be used for purposes not connected with or arising from the worship, usages and observations of such temples.
http://www.judis.nic.in Page 28 of 34 W.P.No.21824 of 2019 etc.
9. No Executive Authority of a temple shall be entitled to introduce innovations concerning the time, place or mode of worship in the temple which might prejudicially affect the rights and facilities which worshippers had generally exercised in respect of those matters before the passing of the Tamil Nadu Entry Authorisation Act, 1947.
12. The preamble of the Tamil Nadu Temple Entry Authorisation Act, 1947, reads as under:
An Act to authorise entry into Hindu temples in the State of Tamil Nadu and the offer of worship therein by all classes of Hindus.
WHEREAS, it is the policy of the State Government to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples into Hindu temples in the State.
AND WHEREAS, the State Government are satisfied, from the rapidity with which, under pressure of Hindu public opinion, a number of temples have been thrown open to certain classes of Hindus in recent months, under the provisions of the Madras Temple Entry Authorisation and Intemnity Act, 1939, that the time has now arrived for throwing open to all classes of Hindus every Hindu temple in the State;
AND WHEREAS, the State Government consider that the provisions of the said Act are inadequate for the early and complete implementation of the policy of the State Government aforesaid.
http://www.judis.nic.in Page 29 of 34 W.P.No.21824 of 2019 etc.
13. Rules have been framed for the purposes of Tamil Nadu Temple Entry Authorisation Act, 1947. The same has no relevance to the decision of the State Government to regulate the entry of devotees in the main temple for a period of 48 days. As stated by the learned Additional Advocate General, Government is going to review, as to whether devotees can be permitted to enter the main temple to have darshan of moolavars everyday.
It is further to be noted that the festival started on 1st July, 2019 and till 18th July, 2019, it is the contention of the petitioners that devotees were stated to have been permitted to have darshan of moolavars. Only when the crowds swelled, the authorities have taken a decision to regulate the entry to have dharshan of the moolavars, in the temple, for worshiping, so as to ensure smooth access of the devotees, visiting Arulmigu Athivaradhar.
Considering the facts and circumstances of this case, efforts taken by the respondents to regulate, as detailed above, we are of the view that such a decision cannot be found fault with.
14. Contention that Athivaradhar is only a guest and for him, darshan of moolavars in the temples, cannot be restricted, cannot be accepted. We are not going into the question as to whether, Athivaradhar is only a Guest http://www.judis.nic.in Page 30 of 34 W.P.No.21824 of 2019 etc. and not the moolavar. This debate is not necessary for adjudication of the issues in the writ petitions.
15. The Central Industrial Security Force Act, 1968 was enacted for constitution and regulation of an armed force of the Union for the better protection and security of industrial undertakings owned by the Central Government, certain other industrial undertakings, employees of all such undertakings and to provide technical consultancy services to industrial establishments in the private sector and for matters connected therewith.
Public order and police comes into the exclusive domain of a State List in the VII Schedule of the Constitution of India.
16. 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. Mere Ipse dixit of the petitioner that the local police is not able to control the crowd does not persuade us to direct the State Government, to take the help of CISF, to regulate the crowd and as stated supra, CISF is not constituted for this purpose.
http://www.judis.nic.in Page 31 of 34 W.P.No.21824 of 2019 etc.
17. In view of the above discussion, all the writ petitions are dismissed. However, there shall be no order as to costs. Consequently, the connected writ miscellaneous petitions are closed.
(S.M.K., J) (S.P., J.)
29.07.2019
Index : Yes
Internet : Yes
Asr
To
1.The Secretary,
Ministry of Defence, Jai Songh Marg, Hanuman Road Area, Connaught Place, New Delhi, Delhi - 110 001.
2. The Secretary, Ministry of Home Affairs, North Block Central Secretariat, New Delhi - 110 001.
3. The Chief Secretary to Government, Secretariat, St.George Fort, Chennai 600 009.
4. The Secretary to Government, Public Department, Secretariat, St.George Fort, Chennai 600 009.
5. The Secretary to Government, Revenue and Disaster Managment, Secretariat, St.George Fort, Chennai 600 009.
http://www.judis.nic.in Page 32 of 34 W.P.No.21824 of 2019 etc.
6. The Secretary to Government, Home Department, Secretariat, St.George Fort, Chennai 600 009.
7. The Secretary to Government, Tourism Culture and Endowments Department, Secretariat, St.George Fort, Chennai 600 009.
8. The Commissioner, Revenue and Disaster Management Department, Ezhilagam, Chennai.
9. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai - 600 034.
10. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
11. The District Collector, 1st floor, Collectorate, Kancheepuram - 631 501.
12. The Assistant Commissioner/Executive Trustee, Arulmigu Devaraja Swamy Temple, Kancheepuram - 631 501.
http://www.judis.nic.in Page 33 of 34 W.P.No.21824 of 2019 etc. S. MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
Asr.
W.P. Nos.21824, 21980, 21999, 22001 & 22014 of 2019 and W.M.P. Nos.21245, 21247, 21248 & 21250 of 2019 29.07.2019 http://www.judis.nic.in Page 34 of 34