Temple case order THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICEANDTHE HON’BLE MR.JUSTICE J.SATHYA NARAYANA PRASADW.P.No.16681 of 2022A.Radhakrishnan .. Petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.04.2024
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.16681 of 2022
A.Radhakrishnan .. Petitioner
Vs.

1. The Chief Secretary to Government
   Secretariat Chennai 600 009.
2. The Secretary to Government
   Public Department Secretariat Chennai 600 009.
3. The Secretary to Government
   Revenue Department
   Secretariat Chennai 600 009.
4. The Secretary to Government
   Home Department
   Secretariat
   Chennai 600 009.
5. The Secretary to Government
   Tourism, Culture and Endowments Department
   Secretariat Chennai 600 009.
6. The Commissioner of Revenue Administration Chepauk
   Chennai 600 005.
7. The Commissioner
   Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai 600 034.
8. The Director General of Police and Head of the Police Force Dr.Radhakrishnan Salai Chennai 600 004.
9. The District Executive Magistrate cum
   District Collector Dharmapuri.
   10.The Deputy Inspector General of Police Salem.
   11.The Superintendent of Police Dharmapuri.
   12.The Taluk Executive Magistrate cum Tahsildar
   Pennagaram
   Dharmapuri District.
   13.The Joint Commissioner
   Hindu Religious and Charitable Endowments Department Salem.
   14.The Assistant Commissioner
   Hindu Religious and Charitable Endowments Department Salem.
   15.The Inspector of Police Papparapatti Police Station Dharmapuri.
   16.The Fit Person
   Arulmigu Kaliamman Temple, Mathe Alli cum The Inspector
   Hindu Religious and Charitable Endowments Department
   Pennagaram Dharmapuri District. .. Respondents
   Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to take appropriate action as against the officials who are failed to follow the G.O.Ms.No.413 dated 06.12.2012 in the Arulmigu Kaliamman Temple, Mathe Alli Temple, Pennagaram Taluk, Dharmapuri District car festival procession on 13.06.2022 and consequentially issue direction directing the 1st respondent to issue suitable direction to the concern Departments to follow the G.O.Ms.No.413 dated 06.12.2012 at the time of conducting festivals and car festivals in the temples all over the States by considering petitioner representation dated 08.01.2020 and 13.06.2022.
   For the Petitioner : Ms.R.A.Monalisha
   For Mr.R.Marudhachalamurthy
   For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1-6, 8-12 & 15
   Mr.S.Ravichandran
   Addl. Govt. Pleader (HR & CE) for Respondents 7, 13, 14 & 16 ORDER
   (Made by the Hon’ble Chief Justice)
   We have heard Ms.R.A.Monalisha, learned counsel for
   Mr.R.Marudhachalamurthy, learned counsel for the petitioner,
   Mr.T.K.Saravanan, learned Government Advocate for the respondents
   1 to 6, 8 to 12 and 15 and Mr.S.Ravichandran, learned Additional Government Pleader for the respondents 7, 13, 14 and 16.
10. Learned counsel for the petitioner submits that under
    G.O.No.413 dated 06.12.2012, guidelines have been framed by the State Government to be followed at the time of car festivals being performed in the temples. The respondents are not adhering to the
    said guidelines. Even in the Arulmighu Kaliamman temple, Pennagaram Taluk, Dharmapuri District, car festival procession took place on 13.06.2022. Six persons were injured and one of them subsequently died. The petitioner made a representation to the
    authorities, but no decision has been taken by the authorities nor any action is taken by the authorities.
11. A status report is filed by the 11th respondent about the bandobust being provided. It is stated that the car festival is celebrated every year. In the years 2020 and 2021, the said festival did not take place on account of Covid-19. As for two years there was a break in not pulling the 100 year old temple car, the devotees felt there would be a wrath on their livelihood and, hence, the devotees had organised the festival with lot of excitement and enthusiasm in the year 2022. The police department deployed necessary force in the area and ensured peaceful conduct of the festival. The crowd of about 3000, including 1000 women, were managed by 35 Police Personnel, 15 Home Guards and Inspector of Police, Paupparapatti under the supervision of Deputy Superintendent of Police. The procession traversed over a distance of 1.5 km. The temple car toppled because of unforeseen circumstances. Even people were injured. Necessary steps were taken. A case is registered in Crime No.107 of 2022 dated 13.06.2022.
12. Naturally, guidelines which are framed by the Government
    have to be adhered to by all the officers concerned and to prevent untoward incident, precautionary measures are also required to be undertaken. The mandate issued by the Government, pursuant to the
    guidelines, has to be applied and followed in toto.
13. Considering the steps taken, we are not passing further orders in the writ petition. However, it is made clear that every year, necessary steps shall be taken and the guidelines be adhered to
    scrupulously.
14. With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.)
26.04.2024
Index : Yes/No
Neutral Citation : Yes/No
kpl
To

1. The Chief Secretary to Government
   Secretariat
   Chennai 600 009.
2. The Secretary to Government
   Public Department
   Secretariat, Chennai 600 009.
3. The Secretary to Government Revenue Department
   Secretariat, Chennai 600 009.
4. The Secretary to Government
   Home Department
   Secretariat, Chennai 600 009.
5. The Secretary to Government
   Tourism, Culture and Endowments Department Secretariat, Chennai 600 009.
6. The Commissioner of Revenue Administration Chepauk, Chennai 600 005.
7. The Commissioner
   Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai 600 034.
8. The Director General of Police and Head of the Police Force Dr.Radhakrishnan Salai Chennai 600 004.
9. The District Executive Magistrate cum District Collector Dharmapuri.
   10.The Deputy Inspector General of Police Salem.
   11.The Superintendent of Police Dharmapuri.
   12.The Taluk Executive Magistrate cum Tahsildar
   Pennagaram
   Dharmapuri District.
   13.The Joint Commissioner
   Hindu Religious and Charitable Endowments Department Salem.
   14.The Assistant Commissioner
   Hindu Religious and Charitable Endowments Department Salem.
   15.The Inspector of Police Papparapatti Police Station Dharmapuri. 
   THE HON’BLE CHIEF JUSTICE J.SATHYA NARAYANA PRASAD, J
   AND
   (kpl)
   W.P.No.16681 of 2022

26.04.2024