Madras High Court
Mr.Vasanthakumar vs The Chief Secretary To Government on 4 September, 2018
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.09.2018 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP.No.22805 of 2018 Mr.Vasanthakumar ... Petitioner vs. 1. The Chief Secretary to Government, Fort St. George, Chennai - 600 009. 2. The Secretary to Government, Municipal Administration Department, Fort St. George, Chennai - 600 009. 3. The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009. 4. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. 5. The Commissioner of Police, Greater Chennai City, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007. 6. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003. 7. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai - 600 034. 8. The Chairman / Managing Director, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai - 600 032. ... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents 1 to 8 to follow the previous order W.P.No.21953 and 22240 of 2017 dated 23.08.2017 and pending disposal of the writ petition. For Petitioner : Mr.D.Govind Reddy, for Mr.L.Sasikumar For Respondents : Mr.Vijay Narayan, (for R1 to R5) Advocate General, Assisted by Mr.T.N.Rajagopalan, Government Pleader Mr.M.Maharajan (for R7) Spl. Govt. Pleader (HR&CE) ORDER
(Order of the Court was made by S.MANIKUMAR, J) Claiming himself to be the National President of All India Hindu Sathya Sena, and protector of the Hindu customs, cultures, religion, temples, etc., petitioner has sought for a writ of mandamus, directing respondents 1 to 8, to follow the order made in W.P.Nos.21953 and 22240 of 2017 dated 23.08.2017.
2. Though the petitioner has sought for a mandamus, as stated supra, in the supporting affidavit, he has expressed certain difficulty, in following the guidelines issued by the Government, pursuant to the decision of this Court in W.P.Nos.21953 and 22240 of 2017 dated 23.08.2017.
3. Heard Mr.D.Govind Reddy, learned counsel for the petitioner and perused the materials available on record.
4. Public Interest Writ Petition No.21953 of 2017, has been filed by Dr. K.R.Ramaswamy alias Traffic Ramaswamy, claiming himself to be a Social Activist / Senior Citizen, for a mandamus, directing the respondents 1 to 10 therein, to consider and pass appropriate orders on the representation dated 11.08.2017.
5. Mr.M.Subash has filed W.P.No.22240 of 2017, for a mandamus, directing the respondents therein, to frame guidelines, in installation of Vinayagar idols, on 25.08.2017, followed by ten days of pooja and celebration, after which, procession and immersion of the idols had to take place on 03.09.2017, and whereas, Bakrid festival fell on 02.09.2017 and during which time Muslims, used to slaughter cattle, for offering Qurbani, and environment, communal peace and tranquility, have to be protected.
6. Adverting to the submissions of the petitioners and respondents therein, a Hon'ble Division Bench of this Court, vide common order dated 23.08.2017 in W.P.Nos.21953 and 22240 of 2017, at paragraph Nos.18 to 20, ordered, as hereunder.
"18. Pending the framing of Rules and/or Regulations regulating installation of idols on public streets/public land and worship thereof, the respondent authorities shall ensure that
a)The requisite permissions and/or approvals, particularly the approval of the municipal corporation, police, fire service and pollution control authorities is obtained.
b)No idols made of polluting materials such as Plaster of Paris or painted with prohibited polluting chemical colours are installed.
c)The organizers avoid using inflammable materials for construction of temporary structures and provide entrances and exits, which are wide enough for smooth and easy ingress into and exit out of Pandhals and/or structures in a regulated manner.
d)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. e)There is a complete ban on use of amplifiers and loudspeakers and bursting of sound emitting fire crackers between 10.00 p.m. and 6.00 a.m.
f)The fire safety norms and rules are strictly complied with and the Pandhals including the electrical installations thereof are inspected and approved by the concerned fire authorities.
g)Adequate first aid and emergency medical facilities are made available.
h)No inflammable materials are stored in and around the worship areas.
i)No illegal activities take place under the garb of Vinayagar worship including pilferage of electricity.
j)There is no unauthorized tapping and/or pilferage of electricity by organizers of Vinayagar worship.
k)The immersion of idols should be conducted in an orderly manner at the spots specified by the concerned police authorities and the immersion procession should follow routes and timings approved by the police.
19. The Chairman cum Managing Director of Tamil Nadu Generation and Distribution Corporation Ltd., hereinafter referred to as 'TANGEDCO', has filed an affidavit indicating the steps that are taken to detect cases of theft of energy. In paragraph 7 of the affidavit, it is stated that the organisers of such functions might approach TANGEDCO for temporary supply for the purpose of illumination, etc., for which a temporary service connection is effected and current consumption charges collected as per the Tamil Nadu Electricity Regulatory Commission (TNERC) Rules. Any unauthorised tapping of power from pillar boxes or overhead lines attracts criminal cases. The organizers should, therefore, apply for and obtain temporary supply of electricity from TANGEDCO upon payment of requisite charges.
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.
With the aforesaid observations, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed."
7. Towards implementation of the directions of the Hon'ble Division Bench, in the abovesaid common order, State Government have framed guidelines for installation and worship of Vinayakar idols and for immersion thereof, and issued G.O.Ms.No.598, Public (Law & Order.B) Department, dated 09.08.2018.
8. G.O.Ms.No.598, Public (Law & Order.B) Department, dated 09.08.2018, reads thus. ABSTRACT LAW & ORDER - Guidelines for installation and worship of Vinayakar idols and also immersion thereof - Notified.
PUBLIC (LAW & ORDER. B) DEPARTMENT G.O.Ms.No.598 Dated: 09.08.2018 Vilambhi, Aadi-24 Thiruvalluvar Aandu-2049 1. Orders of Hon'ble High Court, Chennai, dated 23.08.2017 in W.P.No.21953/2017 dand 22240/2017. 2. From the Commissioner of Police, Greater Chennai, Letter No.753/S.B.XII/2017 dated 23.09.2017. 3. From the Commissioner, Corporation of Chennai, Letter No. WDC/2210/2017, dated 23.04.2018. ------ ORDER:
Proposals have been received from the Commissioner of Police, Greater Chennai and the Commissioner, Corporation of Chennai regarding formation of guidelines / rules for temporary installation and worship of idols on public land, duly taking into account the observations made by the Hon'ble High Court in a batch of Writ Petitions on the issue.
2. The Government examined the issue in detail. With a view to maintaining public peace, tranquility, public safety, regulation of traffic and control of pollution, the Government, after careful consideration, issue the Guidelines regarding the installation and worship of Vinayakar idols and also immersion thereof, as in the Annexure to this Government Order and notify the same for the State of Tamil Nadu.
3. The officials concerned are hereby instructed to give wide publicity to the above guidelines and ensure strict implementation of the same with immediate effect.
4. This order issues with the concurrence of Environment and Forests Department, vide its U.O. dated 03.08.2018 and Home Department, vide its U.O.No.1, dated 03.08.2018. (BY ORDER OF THE GOVERNOR) P.SENTHIL KUMAR, PRINCIPAL SECRETARY TO GOVERNMENT (FAC), To All Secretaries to Government, Secretariat, Chennai - 9.
All District Collectors.
All Commissioners of Police.
All Superintendents of Police.
The Director General of Police, Chennai - 4.
The Commissioner of Police, Greater Chennai, Chennai-7.
The Additional Director General of Police (Law and Order), Chennai-4.
The Inspector General of Police, Intelligence, Chennai-4.
The Commissioner, Corporation of Chennai, Chennai-3.
The Director of Stationery and Printing, Chennai-2.
The Works Manager, Government Central Press, Chennai - 79.
(Two copies - for publication of the Notification in an Extra-ordinary issue of Tamil Nadu Government Gazette, dated 09.08.2018) The Secretary to Governor, Raj Bhavan, Chennai - 22.01.2018 The Secretary (III) to Chief Minister, Chennai - 9.
The Director of Information & Public Relations, Chennai-9.
The Registrar General, High Court, Chennai - 104.
The Advocate General of Tamil Nadu, High Court, Chennai - 104.
The Government Pleader, High Court, Chennai - 104.
Copy to:
The Home / Environment & Forests / Municipal Administration & Water Supply / Rural Development & Panchayat Raj / Energy / Highways & Minor Ports / Law Department, Chennai - 9.
The Accountant General, Chennai-9 / 18.
The Pay and Accounts Officer, Chennai-9 / 18.
The Resident Audit Officer, Chennai - 9.
Stock File / Spare Copies.
/ Forwarded // By order / SECTION OFFICER A N N E X U R E Guidelines regarding installation and worship of Vinayakar idols and also immersion thereof 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, 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.
(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 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.
(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 fi re safety norms and rules are strictly complied with and the Pandhals including the electrical installations thereof are inspected and approved by the fi re authorities concerned.
(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) Vinayakar Idols installed in the public places for worship should be taken out for immersion within five days from the date of installation.
(16) Vinayakar Idol immersion procession should be taken out before 1200 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 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 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.
FORM I Application for permission to install Idol and to take out processions From (Name and address with contact details of the convenor who intends to install Idols and to take out procession).
To The Sub-Collector (or) The Revenue Divisional Officer (or) The Assistant Commissioner of Police (as the case may be) Sir, I hereby apply for permission to install Idol (not exceeding ..............................feet) at .. situated within Police limits in Taluk of District. I forward herewith the following particulars in duplicate, duly signed by me:-
(a) NOC from the Land owner concerned. If the proposed land is a public land, NOC from the Local Bodies/ Highways or the Department concerned;
(b) NOC from the Station House Officer concerned (including Sound Amplifier License / Permit);
(c) NOC from 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.
UNDERTAKING (1) I agree to install Idol made of bio-degradable material such as clay and use only natural dyes and will not use chemical colours.
(2) I agree to proceed with installation of the Idol only with prior permission.
(3) I agree to use the amplifiers and loudspeakers within the permissible limits in the specified timing.
(4) I agree to refrain from bursting of crackers.
(5) I agree that I will not tap electricity illegally.
(6) I agree that no flex boards in support of any political party or communal leader will be erected.
(7) I agree that the Idol immersion procession will be taken out with Police permission at the route and time specified by the Police and the Idols will be immersed at the notified immersion points as per the conditions laid down.
(8) I agree that I will abide by any other conditions put forth for permission.
Signature of the Convenor who intends to install Idols and take out procession FORM II Permission to install the Idols and permission for procession From The Sub-Collector (or) The Revenue Divisional Officer (or) The Assistant Commissioner of Police (as the case may be) To (Name and address of the convenor who intends to install Idols and and to take out procession).
Sir / Madam, Permission is hereby accorded for installation of Idol (not exceeding10 feet) from .... to .. at within Police limits in Taluk of . District, subject to the conditions attached herewith.
Sub-Collector (or) Revenue Divisional Officer (or) Assistant Commissioner of Police Date :
Place :
Copy to :
1. The PERMISSION IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS :-
(a) 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.
(b) 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.
(c) 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.
(d) The height of the Idol proposed to be installed should not exceed 10 feet including the base and the dais.
(e) Installation of Idols near other religious places / hospitals / educational institutions should be avoided.
(f) 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.
(g) The organisers should ensure that no illegal activities take place under the garb of Vinayakar worship including unauthorized tapping and / or pilferage of electricity.
(h) No flex boards in support of any political party or communal leader shall be erected at the premises of the programme.
(i) 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.
(j) Shouting of slogans inciting communal hatred and affecting the sentiments of other religions shall not be permitted at any cost.
(k) 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.
(l) Vinayakar Idols installed in the public places for worship should be taken out for immersion within five days from the date of installation.
(m) Vinayakar Idol immersion procession should be taken out before 1200 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.
(n) 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.
(o) Capacity of participants travelling in the vehicle carrying Vinayakar Idol should be in accordance with the Motor Vehicle Act, 1988.
(p) Bursting of crackers at the Vinayakar Idol installation places / immersion points / procession routes should not be allowed.
(q) Worship materials like flowers, clothes, decorating material (made of paper and plastic), etc., should be removed before immersion of Idols.
(r) In case of appeal against the order of permission issuing authority, it lies with the Commissioner of Police in Police Commissionerates and District Collector in other cases.
P. SENTHILKUMAR, Principal Secretary to Government (FAC).
// TRUE COPY // SECTION OFFICER
9. Prayer sought for in the instant writ petition, viz., W.P.No.22805 of 2018, is against respondents 1 to 8 herein, that they should follow the order made in W.P.Nos.21953 and 22240 of 2017 dated 23.08.2017. Government of Tamil Nadu, have issued guidelines, for installation and worship of Vinayakar idols and immersion thereof, and accordingly issued G.O.Ms.No.598, Public (Law & Order.B) Department, dated 09.08.2018. Prayer sought for has already been answered. Difficulties alleged to have been expressed by the petitioner, is not incidental or ancillary, to the prayer sought for. In the light of the above, instant writ petition is dismissed. No Costs.
(S.M.K., J.) (S.P., J.) 04.09.2018 Index: Yes.
Internet: Yes Speaking/Non speaking ars To
1. The Chief Secretary to Government, Fort St. George, Chennai - 600 009.
2. The Secretary to Government, Municipal Administration Department, Fort St. George, Chennai - 600 009.
3. The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.
4. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
5. The Commissioner of Police, Greater Chennai City, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.
6. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.
7. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai - 600 034.
8. The Chairman / Managing Director, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai - 600 032.
S.MANIKUMAR,J.
AND SUBRAMONIUM PRASAD, J.
ars WP.No.22805 of 2018 04.09.2018