BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P(MD)No.4014 of 2024

C.Vijayakumar ... Petitioner

Vs.

• 1.The Deputy Divisional Engineer, National Highways Department, Kuzhithurai, Kanyakumari District.
• 2.The District Collector, Kanyakumari District, Nagercoil.
• 3.The Superintendent of Police, Kanyakumari District, Nagercoil.
• 4.The Inspector of Police, Pudhukadai Police Station, Pudhukadai, Kanyakumari District. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents particularly the 1st respondent to consider their representation dated 10.02.2024 and pass appropriate orders on merits and in accordance with law with regard to put welcome arches with Arulmigu Bhadhreswari Amman Photo in Five Places in the National Highways road as from Thengapattanam to Karungal.

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For Respondents : Mr.T.Villavan Kotahi, Addl. Government Pleader for R1 & R2. Mr.J.Albert James, Govt. Advocate (Crl. Side) for R3 & R4.

ORDER

For Petitioner : Mr.S.Palani Velayutham

Heard both sides.

2.The petitioner applied to the first respondent for putting up welcome arches in connection with annual festival.

3.The learned Additional Government Pleader submitted that the respondents have serious objections. In fact, the objections are primarily on the ground that the road in question is narrow and that permitting arches to put up will harm public interest. The first respondent therefore wants this Court to reject the petitioner's request.

4.It is not as if the petitioner is moving this Court for the first time. In fact, every year, the temple will encounter some difficulties or the other leading to the filing of writ petitions.

5.This Court had consistently granting relief to the petitioner. Vide order dated 11.04.2022 made in W.P.(MD)No.6667 of 2022, (Hon'ble Mr.Justice G.K.Ilanthiraiyan) had passed the following order:-

"2. The temple is a well known ancient temple located at Painkulam, Kanyakumari District. The annual temple festival starts on 01.05.2022 and ends on 10.05.2022. This festival has been celebrated for more than 100 years. There is a custom of erecting decorative arches and pandals from the temple to what is known as "Thirukkodi Yetrudal" and "Kodi Irakkudal". Even prizes are awarded for the best ornament arches and pandals. It is not in dispute that even last year, the petitioner was permitted to erect such arches and pandals. But, this year, the third respondent had denied the petitioner's request. The same is under challenge in this writ petition.

3. The respondent police has raised certain objections for granting permission.

4. I carefully considered the rival contentions and perused the materials on record. The learned Senior Counsel states that the petitioner has given an undertaking for ensuring that the arches and pandals are structurally sound and that no harm will be caused to the passers by or the general public. Free flow of traffic will not be affected in any manner. The petitioner will ensure that a licensed engineer certifies their structural stability. In fact, the petitioner do not even want any police protection. More than anything else, there is no objection from Christians or Muslims. He would point out that permitting the traditional celebration to be done in the traditional

manner would advance the cause of communal amity. I find considerable force in the said submission. The petitioner also gives an undertaking that if the festival is over, the road would be restored to its original condition. In fact, the petitioner has already given the following undertakings:-

"1.The decorative arches and pandals will be erected without hindrance to the public or vehicular traffic. 2.The stability of the arches will be got certified by licensed Engineers. Conventionally we use matured arrangement logs which have more strength than any other trees in constructing the arches. 3.We further assure that we will remove the arches immediately after the final day of festival. 4.Further we will co-operate with the police in maintaining the arches and safeguarding the strength and stability of the arches."

5. When such undertaking has been given by the petitioner and when this has been the traditional custom, I fail to understand why the third respondent denied the request. The response of the third respondent is totally disproportionate. In this view of the matter, the impugned proceedings stand quashed. The petitioner is permitted to erect decorative arches and pandals in connection with their temple festival from 01.05.2022 to 10.05.2022. It is made clear that the manner of erection as well as the number of arches and pandals will conform to what was done during the previous years.

6. With these observations, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. It is made clear that if any hindrance is made by the petitioner while erecting pandal and arches across the road, the third

respondent police is directed to remove the same without any further order from this Court and if any complaint is being received from the general public the third respondent police is directed to proceed in accordance with law. No costs."

6.I am inclined to adopt the very same approach in this case also. This

writ petition is allowed on the very same lines. No costs.

21.02.2024

NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 22.02.2024.

To:

• 1.The Deputy Divisional Engineer, National Highways Department, Kuzhithurai, Kanyakumari District.
• 2.The District Collector, Kanyakumari District, Nagercoil.
• 3.The Superintendent of Police, Kanyakumari District, Nagercoil.
• 4.The Inspector of Police, Pudhukadai Police Station, Pudhukadai, Kanyakumari District.

G.R.SWAMINATHAN, J.

ias

W.P(MD)No.4014 of 2024

21.02.2024

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