Madras High Court
M. Kannadasan vs State Of Tamil Nadu on 11 September, 2018
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11/9/2018
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.23817 of 2018
M. Kannadasan ... Petitioner
Vs
1. State of Tamil Nadu
rep. By its Secretary to Government
Public (Law & Order B) Department
Secretariat
Chennai 600 009.
2. State of Tamil Nadu
rep. By its Secretary to Government
Public Works Department
Secretariat
Chennai 600 099.
3. The Director General of Police
Chennai 600 004.
4. The Chairman
Tamil Nadu Pollution Control Board
No.76 Mount Salai
Guindy
Chennai 32.
5. The Chairman-cum-Managing Director
10th Floor, NPKRR Maligai
Tamil Nadu Generation and
Distribution Corporation Ltd
(TANGEDCO)
144 Anna Salai
Chennai 2.
6. The Member Secretary
Tamil Nadu State Coastal Zone
Management Authority &
Director of Environment
I Floor, Panagal Building
Saidapet
Chennai 600 015.
7. Ministry of Environment Forest and
Climate Change
rep. By its Secretary
Government of India
III Floor, Prithvi Wing
Indira Parvayaran Bhawan
Jor Bagh
New Delhi 110 003. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the Government Order passed in G.O.Ms.No.598 Public (Law & Oorder.B) Department dated 9/8/2018 on the file of the first respondent, quash the guidelines viz.,
1.(i) if the proposed land is a public land, NOC from the local bodies concerned/Highways or the Department concerned should be obtained;
(ii). A letter indicating source of power supply and proof of temporary supply of electricity from TANGEDCO.
is concerned and direct the respondents
(1) to remove the idols placed in the public places and road margin and to disconnect electricity supply
(2). to direct the fourth respondent to instruct all his subordinates in Tamil Nadu to inspect the idols before it is taken on procession and not permit the idols made up of Plaster of Paris or hazardous materials or painted with prohibited polluting chemicals.
(3). seize the unauthorised sound amplifiers and
(4). to prosecute the person who violates the law.
For petitioner ... Mr.V.Elangovan
For respondents ... Mr.T.N.Rajagopalan
Government Pleader
Assisted by
Mr.S.Kamalesh Kannan
Government Advocate
for R.R.1 to 3.
Mr.E.Manoharan
Additional Government Pleader
for R.4.
Mr.S.K.Rameshwar
for R.5.
- - - - -
O R D E R
(Order of the Court was made by Subramonium Prasad, J) Instant writ petition has been filed, to direct the respondents, to remove the idols, placed in public places and road margin and to disconnect electricity supply and for a further direction to the fourth respondent, to instruct all his Subordinates, in Tamil Nadu, to inspect the idols before it is taken on procession and not to permit the idols made up of Plaster of Paris or hazardous materials or painted with prohibited polluting chemicals.
2. The petitioner states that he is the President of Kanchipuram District Thanthai Periyar Dravidar Kazhagam, which is a non-political organisation. He has stated that the State Government, for the past few years is deviating, from its secular nature, indulging in giving preference to the Hindu religion, particularly to the celebration of Vinayakar Chathurthi. It is further stated that hazardous materials, are being permitted to be mixed with Plaster of Paris of the idols, which are installed, on public pathways and roads, using amplifiers, sound boxes, etc. It is also stated that electricity for these places are being illegally taken, from the poles. The petitioner states that Government have issued G.O.Ms.No.598, Public (Law & Order-B) Department, dated 9/8/2018, for this purpose. The petitioner prays for a stay of all the further proceedings taken by the Government, pursuant to G.O.Ms.No.598, and in particular to the following guidelines viz.,
(i). If the proposed land is a public land, NOC from the Local Bodies concerned/Highways or the Department concerned should be obtained:
(ii). A letter indicating source of power supply and proof of temporary supply of electricity from TANGEDCO.
3. Petitioner relies on a judgment, dated 29/9/2009, passed by the Hon'ble Supreme Court, in Union of India Vs. State of Gujarat and Others, {Special Leave to Appeal (Civil) No.8519 of 2006}, wherein the Hon'ble Supreme Court has prohibited unauthorised construction to be carried out in the name of temple, church, mosque or gurudwara and other public places.
4. Heard the learned counsel for the parties and perused the materials available on record.
5. This petition seems to be a Publicity Interest Litigation and not a Public Interest Litigation. Petitioner though claims to be a member of a non-political organisation, he seems to be motivated and the petition is directed towards a particular religion. Allegation that State is favouring one religion over others is completely uncalled for and that too without any document/material to substantiate the same.
6. Vide, G.O.Ms.No.598, Public (Law & Order-B) Department, dated 9/8/2018, State of Tamil Nadu has issued guidelines, regarding installation and worship of Vinayagar idols and immerse thereof. Guidelines regarding installation and worship of Vinayakar idols, reads as under:-
With a view to maintain public peace, tranquility, public safety, regulation of traffic and control of pollution, the following guidelines are issued for the State of Tamil Nadu:-
(1). Any organiser intending to install Vinayakar idol should apply in a prescribed format (as in Form-I) to the Assistant Commissioners of Police concerned, when 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.
(3). The organisers should avoid using inflammable 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 first aid and emergency medical facilities are made available and no inflammable 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 unauthorised 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 any cost.
(12). The organisers should strictly follow any other conditions laid down by the Revenue/Police/Tamil Nadu Pollution Control Board authorities in the interest of maintaining public peace, public safety and communal harmony.
(13). The Fire and Rescue Services should ensure that fire safety norms and rules are strictly complied with and the 'Pandhals' including the electrical installations thereof are inspected and approved by the fire authorities concerned.
(14). The District Collectors concerned shall annually finalise the list of idols 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). Vinayakar idols installed in the public places for worship should be taken out of immersion within five days from the date of installation.
(16). Vinayakar idol immersion procession should be taken out before 12.00 hours on the specified day in the approved routes prescribed by the Police through vehicles and immersed in the designated places in an orderly manner. Wherever possible, the procession should be taken out through the routes by-passing the mosques/churches, as stipulated by the Police authorities.
(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 Vehicles 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 condoned off and barricaded. Systhetic liner may be placed in the bottom, well in advance. The said liner shall be removed on completion of immersion ceremony so 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 Commissionerates and District Collector in other cases.
7. A bare reading of the guidelines would show that the State has taken all possible precautions. All the apprehensions raised by the petitioner in the petition have been answered in the Government Order. Any infraction of the guidelines will be dealt with by the State on a complaint made to it.
8. The judgment of the Hon'ble Supreme Court, which the learned counsel appearing for the petitioner sought to be relied on, is not applicable to this case. In that case, the Hon'ble Supreme Court has directed that there should not be any encroachments in the Government land in the name of any temple, Church, Mosque or Gurudwara, etc. The Government specifies that permission has to be obtained from the Government before installing Vinayakar idols, for Vinayakar Chathurthi celebrations. Hence the judgment of the Hon'ble Supreme Court does not apply to this case.
9. It is unfortunate that despite sufficient guidelines having been issued, the petitioner has still chosen to file the present writ petition. As stated earlier, if there is any violation of the guidelines, the same can be brought to the knowledge of the authorities, who will take appropriate action, in accordance with law.
10. Writ Petition is nothing but an abuse of process of law and is completely frivolous.
11. In the result, this writ petition is dismissed. No costs.
(S.M.K.,J) (S.P.,J) 11th September 2018 mvs.
Index : Yes/No Internet : Yes/No To
1. The Secretary to Government State of Tamil Nadu Public (Law & Order B) Department Secretariat Chennai 600 009.
2. The Secretary to Government State of Tamil Nadu Public Works Department Secretariat Chennai 600 099.
3. The Director General of Police Chennai 600 004.
4. The Chairman Tamil Nadu Pollution Control Board No.76 Mount Salai Guindy Chennai 32.
5. The Chairman-cum-Managing Director 10th Floor, NPKRR Maligai Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) 144 Anna Salai Chennai 2.
6. The Member Secretary Tamil Nadu State Coastal Zone Management Authority & Director of Environment I Floor, Panagal Building Saidapet Chennai 600 015.
7. The Secretary Ministry of Environment Forest and Climate Change Government of India III Floor, Prithvi Wing Indira Parvayaran Bhawan Jor Bagh New Delhi 110 003.
S.MANIKUMAR,J & SUBRAMONIUM PRASAD,J mvs.
W.P.No.23817 of 201811/9/2018