WP CRL.(MD)/5177/2026 of Moorthy Vs The Assistant Commissioner o on 11 September 2026

O R D E R

Heard both side.

2. Mr.C.Susikumar, learned Government Advocate (Criminal Side), takes notice for the respondents 1 and 2 and Mr.M.Karthikeya Venkatachalapathy, learned counsel, takes notice for the third respondent.

3. The petitioner challenges the rejection order passed by the first respondent under the impugned order dated 30.08.2026, with regard to the conduct of the Vinayagar Chathurthi festival and erection of the Vinayagar idol, procession and immersion. The petitioner submitted a representation dated 23.08.2026 directly to the

Inspector of Police, Avaniyapuram Police Station, Madurai District. However, the Assistant Commissioner of Police, Avaniyapuram Range, Madurai City, rejected the petitioner's representation dated 23.08.2026.

4. The learned counsel for the petitioner submitted that, for the past 25 years, the petitioner had been conducting the Vinayagar Chathurthi festival without any disturbance. It was further submitted that the petitioner had recently shifted his political affiliation and joined a new political party/organisation, viz., the Bharatha Hindu Eluchi Munnani. He is stated to be the Vice-President of the said organisation.

5. The learned counsel for the petitioner submitted that the sole ground on which the first respondent rejected the petitioner's request was that the petitioner had previously conducted the Vinayagar Chathurthi festival under another organisation, viz., the Hindu Munnani. It was submitted that the impugned order is not legally sustainable and is liable to be set aside.

6. The learned Government Advocate (Criminal Side) elaborately argued the case by referring to G.O. (Ms.) No.598 public (Law & Order-B) Department dated 09.08.2026, the decision of this Court in a batch of case in WP. No.26439 of 2018 [Vinayagar Chathurthi Mathiya Kulu Vs. State of Tamil Nadu and others] dated 15.03.2023 and another batch of decision in WP.Crl.(MD)No.1086 of 2025 [S. Kumar Vs. The Commissioner of Police, Madurai and another] dated 26.08.2025.

7. In the first decision, this Court modified and set aside certain conditions imposed regarding the erection of Vinayagar idols, worship, procession and immersion. Based on the Government Order and the judicial decision of this Court, the learned Government Advocate (Criminal Side) submitted that, the designated authorities of the city are the Assistant Commissioner of Police and for rural the Revenue Division Officer or Sub-Collector.

8. As per the decision of this Court, the Government Order has been modified and set aside. However, No Objection Certificate from the land owner and No Objection Certificate from the Station House Officers i.e. police officer is to be attached with Form-1. If the petitioner satisfied those two conditions the Revenue Division Officer / Assistant Commissioner of Police will take a final decision and issue Form-2, if it is in order. To that aspect the learned counsel for the petitioner submitted and restricted the prayer in both the cases to the effect that instead of erection of idol in front of the temple, now the petitioner come forward to fix the idol inside the temple that means within the campus of the temple. The facts reveal that idol may be up to 10 feet as per the affidavit of the petitioner. The submission of the learned Government Advocate (Criminal Side) is taken note of and instead of 10 feet idol height the petitioner may reduce it depending upon the temple size from 5 feet to 7 feet.

9. The learned counsel for the petitioner submitted that the petitioner does not know about the G.O.(Ms.)No.598 dated 09.08.2018, which prescribes the procedure for submitting Form-I and for obtaining permission, subject to the production of the requisite No Objection Certificates (NOCs) from the concerned departments. He further submitted that, in view of the paucity of time, if this Court issues a direction, the petitioner would submit Form-I along with the necessary enclosures before the Assistant

Commissioner of Police, Avaniyapuram Range, Madurai, and the same may be considered and decided on merits at the earliest.

10. In view of the above submissions, the impugned order is set aside. Liberty is granted to the petitioner to file Form-I application along with the necessary enclosures, as contemplated under G.O.(Ms.) No.598 public (Law & Order-B) Department dated 09.08.2026, the decision of this Court in a batch of case in WP. No. 26439 of 2018 [Vinayagar Chathurthi Mathiya Kulu Vs. State of Tamil Nadu and others] dated 15.03.2023 and another batch of decision in WP.Crl.(MD)No.1086 of 2025 [S. Kumar Vs. The Commissioner of Police, Madurai and another] dated 26.08.2025.

11. On receipt of such application with the necessary enclosures, the first respondent is directed to consider and dispose of the same at the earliest, keeping in view the aforesaid directions and, in any event, before the date fixed for the Vinayagar Chathurthi festival, so as to enable the petitioner to proceed in accordance with law.

12. Ms. Kasammal, S.S.I of Police, Avaniyapuram Police Station, Madurai, is present before this Court.

13. The learned counsel for the petitioner requested that the order of this Court be uploaded today itself, so as to enable the petitioner to place the same before the first respondent.

14. Taking note of the large number of cases disposed of today, if the order is ready, it may be uploaded; otherwise, Ms. Kasammal, S.S.I of Police, Avaniyapuram P Station, is directed to inform the Assistant Commissioner of Police, Avaniyapuram Range, Madurai, about this order of the Court. Upon the petitioner submitting the Form-I/application, the same shall be considered and decided at the earliest and, in any event, before the date of the festival.

15. The learned counsel appearing for the third respondent submitted that the third respondent belongs to the Hindu Munnani and is functioning as its Town Secretary in the Madurai area, within the jurisdiction of the Avaniyapuram Range.

16. It was submitted that the petitioner, Mr. Moorthy, originally belonged to the Hindu Munnani but, recently, left the said organisation and joined another organisation, viz., Baratha Hindu Eluchi Munnani. After leaving the Hindu Munnani and joining the new organisation, viz., Baratha Hindu Eluchi Munnani, the petitioner sought permission from the competent authority to celebrate the Vinayagar Chathurthi festival at the same place, where the Hindu Munnani had been conducting the festival for the past 18 years and more, the said request was considered by the first respondent and, ultimately, permission was not granted to the petitioner to conduct the Vinayagar Chathurthi festival at the said place.

17. The learned counsel for the third respondent further submitted that the place known as Manthai at Avaniyapuram is the usual place where the Hindu Munnani conducts the Vinayagar Chathurthi festival and related activities. Therefore, if the petitioner chooses any other place, the third respondent would have no objection to the same.

18. In this regard, the learned counsel for the third respondent submitted that the petitioner may choose any other suitable place and submit Form-I along with the necessary application and enclosures before the concerned police authority in the Avaniyapuram Range. It is further submitted that the Manthai at

Avaniyapuram is about two acres or more in extent. Therefore, the petitioner may be allotted one portion of the Manthai, and if the third respondent submits any application for conducting the Vinayagar Chathurthi festival, the third respondent may be accommodated in another portion of the Mandai.

19. It is left open to the competent authority, viz., the Assistant Commissioner of Police, Avaniyapuram Range, Madurai, to fix the place for erection of the Vinayagar idol for both the petitioner and the third respondent after negotiating with both parties. The competent authority shall ensure that the festival is conducted peacefully without causing any disturbance to public peace and tranquillity.

20. With the above directions, the Writ Petition stands disposed of.

11.09.2026 Internet:Yes Index:Yes/No NCC:Yes/No LS

TO

1. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Avaniyapuram Circle, Madurai.

2. The Inspector of Police, Avaniyapuram Police Station, Madurai - 625 012.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR. P. MURUGAN,J. LS

WP CRL.(MD) No.5177 of 2026 11.09.2026