Unfortunate That Superstitious Beliefs Still Prevail: Madras HC Grants Protection To Remove Stone 'Projected As Idol' At Property Entrance

Justice Anand Venkatesh noted that the stone covered with a green cloth was planted right in front of petitioner's property, an attempt was being made to call it as an idol and on that ground, he was not being allowed to enjoy his property.

The petitioner informed the court that he had given a representation to the Assistant Commissioner of Police seeking police protection for removing the stone but there was no response which forced him to approach the court. On the other hand, the State said that the complaint was closed as the issue was civil.

The court, however, noted that the petitioner could not approach the civil court. The court observed that if the petitioner was to approach a civil court, it would be a "funny situation" with one person claiming that the stone be treated as an idol and another denying it. The court also noted that it would be impossible for a court to decide whether the stone had been uplifted to the status of an idol.

“A very funny situation will arise before the civil Court wherein the seventh respondent will claim that the stone must be treated as an idol and the petitioner will state that it is merely a stone and not an idol. It will become impossible for the Court to decide whether it is a stone or it has uplifted itself into the status of an idol. Fortunately in our country, no court exercises ecclesiastical jurisdiction,” the court observed.

The court thus noted that pondering over such a frivolous issue would be a waste of judicial time. Thus, the court directed the Assistant Commissioner to give necessary protection to the petitioner to remove the stone and enjoy his property.

Counsel for the Petitioner: Mr.L.Dhamodharan

Counsel for the Respondents: Mr.A.Damodaran Additional Public Prosecutor

Citation: 2024 LiveLaw (Mad) 59