W.P.No. 6134 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.6134 of 2025 Santhamoorthi ... Petitioner Vs. 1. The District Collector, Collector Office Rd, Moovendar Nagar, Vilupuram, Tamil Nadu 605 602. 2. The Superintendent of Police, Villupuram District, Omalur Taluk, Salem 636 455 3. The Inspector of Police (L&O) F-5 – Marakkanam Police Station, Villupuram District. 4. The Tahsildar, Marakkanam, Tamil nadu 604 303 5. The Village Administrative officer, Kilputhapettu, Marakkanam, SH-49, Marakkanam Puducherry Road, Villupuram 604 303. ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to direct the respondents 1 to 5 to consider the petitioner's representationd ated 07.10.2024 and direct the 3rd respondent to return the idol of Lord Ganesh, which was taken illegally into the custody by 3rd respondent and also consequentially direct the respondents 1 to 5 to permit erection/placing of Lord Ganesha temporary idol at S.No.120/3, https://www.mhc.tn.gov.in/judis W.P.No. 6134 of 2025 Mariyamman/Kaseyri Amman Koil Street, Anumandai Village, Marakkanam taluk, Villupuram District (i.e.) below the street light, 7 days prior to Ganesh Chathurti festival, which falls on 27.08.2025. For Petitioner : Mr. Kamalesh Kannan S. For Respondents : Mr.P.Balathandayuthan, Spl.Govt. Pleader for R1, R4 and R5 Mr.K.M.D. Muhilan, Govt. Advocate (crl.side) for R2 and R3 O R D E R This writ petition has been filed for issuance of Writ of Mandamus to direct the respondents 1 to 5 to consider the petitioner's representationd ated 07.10.2024 and direct the 3rd respondent to return the idol of Lord Ganesh, which was taken illegally into the custody by 3rd respondent and also consequentially direct the respondents 1 to 5 to permit erection/placing of Lord Ganesha temporary idol at S.No.120/3, Mariyamman/Kaseyri Amman Koil Street, Anumandai Village, Marakkanam taluk, Villupuram District (i.e.) below the street light, 7 days prior to Ganesh Chathurti festival, which falls on 27.08.2025. 2 https://www.mhc.tn.gov.in/judis W.P.No. 6134 of 2025 2.It is the case of the petitioner that since 2002, the petitioner along with the villagers of Anumandai Village used to celebrage Ganesh Chaturthi festival by placing idol of Lord Ganesha made of Plaster of Paris at S.No.120/3, Mariyamman/Kaseyri Amman Koil Street, Anumandai Village, Marakkanam taluk, Villupuram District near the high mast light pole belonging to the Government and the said place is classified as 'cart track'. The petitioner along with the villagers take care of the entire management of the event. The petitioner gave a representation to the 3rd respondent on 26.08.2024 seeking permission to erect the idol for the year 2024 Ganesh Chathurthi festival in the said place, however, since there was no proper response from the authorities, another representation was sent seeking permission. Thereafter, the idol of Lord Ganesha worth Rs.16000/- was unloaded at the abovesaid place on 06.09.2024, but the 3rd respondent, to the shock and surprise of the villagers, broken the idol and took custody of the same. The act of the 3rd respondent is illegal and affecting the religious sentiments of the public at large. Thereafter, a representation was sent on 07.10.2024 seeking to return the Ganesha idol, but till date, no action was https://www.mhc.tn.gov.in/judis W.P.No. 6134 of 2025 forthcoming from the respondent authorities. Hence, left with no other alternative, the present writ petition is filed seeking return of the idol and to direct the respondents to permit erection of such idol in the impugned place. 3. Heard both sides. 4. The learned Spl. Govt. Advocate and Govt. Advocate (crl.side) appearing for the respondents, on instructions, submitted that since the erection of the idol causes disturbance to general public, the 4th and 5th respondents with the aid of 3rd respondent, removed the idol long back and handed over to the person who erected it. Now, after a period of one year, the petitioner submitted a representation before the respondents alleging that the idol was illegally taken away by the respondent authorities. 5. Perusal of records reveals that the petitioner and others installed the idol of Ganesh made up of Plaster of Paris at the above https://www.mhc.tn.gov.in/judis W.P.No. 6134 of 2025 address in a Government Poramboke Land which was classified as cart track and since it caused disturbance to general public, the respondent officials rightly removed the idol and handed over the same to the persons who erected it. It is seen that after a period of one year, the petitioner submitted his representation alleging that the idol was broken and the same was illegally detained by the 3rd respondent and also seeks permission to erect the idol at the same place. Since the petitioner is once again asking permission to erect the idol at the Government Poramboke land classified as 'cart track' and erection of same in the said place would cause disturbance to the general public, the relief sought by the petitioner could not be granted. The writ petition is devoid of merits and accordingly, the same is hereby dismissed. No costs. 21.02.2025 Neutral citation : Yes/No Speaking/non-speaking order msr To 1. The District Collector, Collector Office Rd, Moovendar Nagar, Vilupuram, Tamil Nadu 605 602. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No. 6134 of 2025 G.K.ILANTHIRAIYAN, J. msr 2. The Superintendent of Police, Villupuram District, Omalur Taluk, Salem 636 455 3. The Inspector of Police (L&O) F-5 – Marakkanam Police Station, Villupuram District. 4. The Tahsildar, Marakkanam, Tamil nadu 604 303 5. The Village Administrative officer, Kilputhapettu, Marakkanam, SH-49, Marakkanam Puducherry Road, Villupuram 604 303. W.P.No.6134 of 2025 21.02.2025 https://www.mhc.tn.gov.in/judis