K.R. Ramaswamy vs The Chief Secretary to Government and Others

Sanjay Kishan Kaul, C.J.

The petitioner seeks to file the present PIL to prevent what is alleged to be encroachments on roads and public places through the mode of erection of idols. The Municipal Corporation has washed its hands-off by stating that it is not concerned with it and has not granted any permission. The affidavit of the electricity department is equally self-serving, where it says if any unauthorised tapping is pointed out, action will be taken as and when noticed. The Police authorities stated that they grant permission only where required. In paragraph-7 of the affidavit, reference has been made to Vinayagar idol procession, when police Bandhosbust takes place. Permissions are stated to be granted only after inspecting the places and there is no hindrance to free flow of traffic. Idols are stated to be kept not in junctions and signals, but only in select places with the approval of the local police and no complaint has been received.

On a query, the learned counsel for the petitioner concedes that the larger issue is of civic sense. No one can question the requirement of the same. The only issue is that civic sense must begin from ones own home and work place. No purpose will be served in issuing impractical directions.

Needless to say Government authorities should follow their own circulars including the memorandum dated 10.09.2005, issued by the Director General of Police, pointed out to us which is stated to be still in force.

We are of the view that the only observation this court can make in the given situation is that the concerned authorities must seek to ensure that such religious functions are properly organised, causing least inconvenience to the residents, both in terms of decibel level of the speakers as well as any passage from one place to the other. Needless to say simultaneously the law and order situation should be maintained.

Matters of religion are normally between the man and his God. Public portrayal has become the norm of the day which in turn requires the authorities to make necessary arrangements. We say no more. The writ petition stands disposed of with the aforesaid directions. Consequently, connected miscellaneous petitions are closed. No costs.