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2025 DAILYLAW 43989 (MAD)

A.KARTHIK v. THE DISTRICT COLLECTOR

WP/12034/2025 · 2025-04-03

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.12034 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.12034 of 2025 A.Karthik ... Petitioner Vs. 1.The District Collector Office of District Collector Singaravellan Complex Chennai. 2.The Revenue Divisional Officer Gandhi Road Puzhal, Chennai 60. 3.The Tahsildar Thiruvottiyur Thaluk Office Chennai 19. 4.The Commissioner of Police Avadi Commissionarate Chennai. 5.The Inspector of Police M-5, Ennore Police Station (L & O) Chennai 57. ...Respondents 1/7 https://www.mhc.tn.gov.in/judis W.P.No.12034 of 2025 Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to reinstall the goddess idol “Sivasakthi Dhakshiswari” along with “Vinayagar” and Veerabhadran” at petitioner's premises bearing Door No.50, 3rd Bajanai Koil Street, Nettu Kuppam, Ennore, Chennai - 600 057 within the time frame fixed by this Court. For Petitioner : Mr.M.Ganesan For Respondents : Dr.S.Suriya for R1 to R3 Additional Government Pleader Dr.C.E.Pratap for R4 & R5 Government Pleader (Crl.Side) ORDER The Writ Petition is filed for a direction to the respondents to reinstall the goddess idol “Sivasakthi Dhakshiswari” along with “Vinayagar” and Veerabhadran” in the petitioner's premises bearing Door No.50, 3rd Bajanai Koil Street, Nettu Kuppam, Ennore, Chennai - 600 057. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.12034 of 2025 2. Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the Writ Petition, the case of the petitioner is that the petitioner has installed the above idols belonging to him in his own premises and has been worshipping the idols. The other neighbours or any other devotees would also be welcome by the petitioner and he is conducting poojas in his own premises. Suddenly, the respondents authorities have come and taken away the idols and hence the Writ Petition. 3. When the matter came up for admission, Dr.S.Suriya, the learned Additional Government Pleader taking notice on behalf the respondents 1 to 3 would submit that the nearby residents have given a complaint that there has been 7 unnatural deaths in the recent past in the area and therefore they felt that it is undesirable to have the idols installed in the particular place and accordingly, in view of the representation that is made by the local public, the idols have been removed. 4. I have considered the rivals submissions made on either side and perused the material records of the case. 3/7 https://www.mhc.tn.gov.in/judis W.P.No.12034 of 2025 5. When this Court posed a query as to what is the nature of the unnatural death, it can be seen that the deaths were not unnatural death but people have died on account of disease etc. There is no registration of any case of unnatural death. As far as the belief of the people is concerned, the same cannot be countenanced by this Court. The local residents' superstitions and irrational beliefs that merely because the idols of the goddess or the god is installed in the private premises these things are happening can neither be supported by any principle of bhakti nor be supported by any scientific principles. Instead of allaying their fears and creating awareness among the public that their belief is nothing but 'Moodanambikai' the state and its authorities cannot be a party to such ill beliefs. Therefore, the action on the part of the respondents in removing the idols belonging to the petitioner from his own premises is without jurisdiction and unlawful. 6. In view thereof, this Writ Petition is disposed of on the following direction; 4/7 https://www.mhc.tn.gov.in/judis W.P.No.12034 of 2025 (i) The idol shall be handed over back to the petitioner and the petitioner will be entitled to do or worship in his own premises needless to mention that the petitioner cannot disturb the other peoples in the locality by installing any loudspeaker or causing any noise pollution or any other disturbance whatsoever. He shall worship the deities and cannot conduct any programmes involving collection of money etc., from the people of the locality. (ii) No costs. 03.04.2025 Neutral Citation : No dna 5/7 https://www.mhc.tn.gov.in/judis W.P.No.12034 of 2025 To 1.The District Collector Office of District Collector Singaravellan Complex Chennai. 2.The Revenue Divisional Officer Gandhi Road Puzhal, Chennai 60. 3.The Tahsildar Thiruvottiyur Thaluk Office Chennai 19. 4.The Commissioner of Police Avadi Commissionarate Chennai. 5.The Inspector of Police M-5, Ennore Police Station (L & O) Chennai 57. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.12034 of 2025 D.BHARATHA CHAKRAVARTHY , J. dna W.P.No .12034 of 2025 03.04.2025 7/7 https://www.mhc.tn.gov.in/judis