Madras HC rejects PIL against guidelines to celebrate Vinayaka Chathurthi

“We are not inclined to interfere with the guidelines which were issued based on the order issued by a division bench of this court,” said the division bench comprising Justice S Manikumar and Justice Subramonium Prasad when the PIL moved by S Sudalaiyandi, an advocate and a member of the RSS from his childhood, came for hearing.

While referring to the guideline that mandated no-objection certificates from Fire department, the bench said: “It cannot be said to be violative under Articles 25, 26 of the Constitution of India. The said condition conforms to the objects of maintaining public safety, controlling pollution and fire accidents. At any stretch of imagination, it cannot be said to be violative.”

Refusing to entertain the plea raising questions about the condition that Vinayaka idols should be immersed within five days, the bench said the time period of installation and immersion of idols cannot be ascertained in a writ. It can be done only in a suit, it pointed out.

In his petition, Sudalaiyandi had contended that the authorities in the State had ignored the fundamental rights guaranteed under Articles 25 and 26 of the Indian Constitution while issuing “untenable regulations” to celebrate Vinayaka Chaturthi idol immersions that are to be held all over Tamil Nadu.

The guidelines issued in the Government Order dated August 9 infringed the very religious feelings because the Vinayaka Chaturthi celebration days were fixed according to Panchanga Thithi calculator and almanac signs, said the petitioner, arguing that the interference of State in the affairs of religious managements was unconstitutional. The impugned conditions were against Article 14 of the Indian Constitution because the Hindu festivals were subjected to conditions, whereas the authorities were too lenient to permit other religious festivals with unfettered conditions even though they disturb public by sound pollution and traffic disorder, alleged the petitioner.

It may be noted that a batch of similar such petitions moved by various Hindu groups, including Hindu Munnani, seeking to relax the guidelines are pending before Justice R Mahadevan. Advocate General Vijay Narayan had also assured the introduction of a single-window system for clearing applications in this regard. However, when the plea came up for hearing on Wednesday, Justice Mahadevan adjourned the pleas after making it known that he must go through the judgement of the division bench before passing any order.