M KANNADASAN Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT PUBLIC (LAW & ORDER B) DEPARTMENT

JUDGEMENT

(1.) Instant writ petition has been filed, to direct the respondents, to remove the idols, placed in public places and road margin and to disconnect electricity supply and for a further direction to the fourth respondent, to instruct all his Subordinates, in Tamil Nadu, to inspect the idols before it is taken on procession and not to permit the idols made up of Plaster of Paris or hazardous materials or painted with prohibited polluting chemicals.

(2.) The petitioner states that he is the President of Kanchipuram District Thanthai Periyar Dravidar Kazhagam, which is a non-political organisation. He has stated that the State Government, for the past few years is deviating, from its secular nature, indulging in giving preference to the Hindu religion, particularly to the celebration of Vinayakar Chathurthi. It is further stated that hazardous materials, are being permitted to be mixed with Plaster of Paris of the idols, which are installed, on public pathways and roads, using amplifiers, sound boxes, etc. It is also stated that electricity for these places are being illegally taken, from the poles. The petitioner states that Government have issued G.O.Ms.No.598, Public (Law & Order-B) Department, dated 9/8/2018, for this purpose. The petitioner prays for a stay of all the further proceedings taken by the Government, pursuant to G.O.Ms.No.598, and in particular to the following guidelines - viz.,

(3.) Petitioner relies on a judgment, dated 29/9/2009, passed by the Hon'ble Supreme Court, in Union of India Vs. State of Gujarat and Others, {Special Leave to Appeal (Civil) No.8519 of 2006}, wherein the Hon'ble Supreme Court has prohibited unauthorised construction to be carried out in the name of temple, church, mosque or gurudwara and other public places.