'Propensity To Stoke Communal Disharmony': Madras High Court Disallows Lalgudi Temple Car Festival To Pass Through Streets

Madras High Court has observed that the temple car procession/ festival in Achiramavalli Amman Kovil at Jangamarajapuram cannot be allowed this year since it has the potential to stoke communal tension like in 2021.The court was hearing two separate writ petitions filed in 2021 and 2022 about the conduct of the Temple/ Car Festival in the Trichy District .In the common order, the single-judge bench of Justice C. Saravanan added that the reports submitted by the Tahsildar and Deputy Inspector of Police indicated that the temple/car festival was not conducted in a peaceful manner in 2021, which saw partial boycott and pelting of stones, injuring public and police.The court opined that the situation has not seen much improvement when compared to the festival in 2021. The court observed that dissatisfaction among certain communities is still brewing."Communal disharmony is the casualty which threatens both loss of life and property", the court remarked while agreeing with the Revenue Divisional Officer's order dated 4th February with reference to the 2022 petition, declining the permission to conduct the Maasi Month Car Festival in Arulmigu Aachiramavalli Amman Temple.While declining the permission, the RDO had cited the clamping of Section 149 of the CrPC and the number of criminal cases filed against the trouble makers who resorted to stone-pelting and created the law and order situation in 2020 & 2021."The Court also cannot turn its eyes blind to allow the Temple / Car festival in the light of the ground reality. The Car Festival certainly cannot be allowed to pass through streets as it has the propensity to stoke communal disharmony as was noticed during 2021", the bench of Justice C. Saravanan said.The bench also made it clear that no motive can be attributed to the reports submitted by the Deputy Superintendent of Police or Tahsildar and the Revenue Divisional Officer's subsequent order, and that they have no personal interest in the matter.It is pertinent to note that the Car Festival has been in abeyance since 1994 and a Division Bench order of Madras High Court in 2020 permitted conducting the festival after decades. The Division Bench Order came from a single bench order in pursuance of a plea made by the petitioner in W.P.(MD)No.3663 of 2022, one Mr. Prabhu Nambiappan who claimed that the Achiramavalli Amman Kovil temple houses his 'family deity'.With respect to the second writ petition filed in 2022 to quash the RDO's order, the court noted that the temple festival can be conducted within the temple premises without the car festival after proper re-evaluation of the current situation."W.P.(MD)No.3663 of 2022 is disposed of by directing...Revenue Divisional Officer to re-examine the feasibility of conduct of the temple festival "within precincts of the temple without taking the temple car through streets in Jengamarajapuram Village, Lalgudi Taluk, Trichy" after getting necessary inputs from the second respondent Tahsildar and third respondent Deputy Superintendent of Police, so that, there is no disturbance in the communal harmony and compromise in the law and order. If so, the first respondent Revenue Divisional Officer shall give such permission by 07.03.2022."The bench also made it clear that even if the permission is granted by the RDO for the limited conduct of the festival, it must be under the strict supervision of officers of the H.R. & C.E Department and Lalgudi Deputy Superintendent of Police. The court has also directed the DSP to deploy a sufficient number of police personnel to avoid untoward incidents/ communal riots in case the festival is conducted. The court has also directed the officials to ensure that there is no discrimination against any person/ community during the festival if approved by RDO.On the other hand, the 2021 petition was filed after the single judge bench and Division Bench Order that allowed the festival to be conducted. In 2020, while adjudicating Mr Prabhu Nambiappan's plea, the single judge bench observed that the temple/ car festival may be conducted periodically since it touches upon the sentiments of the people. After the single bench order, the petitioner in WP(M.D) No.5036 of 2021, D. Balasubramaniam, filed a writ appeal as a third party before the Division Bench. The Division Bench disposed of the petition by stating that the festival can be conducted in a peaceful manner devoid of any discrimination . The Bench directed that the festival can be celebrated by taking the temple car through any one of the streets suggested by the appellant, D Balasubramaniam, belonging to the Adi Dravidar Community and approved by the Executive Officer of the temple. The executive officer was also given liberty t take a decision as to whether the Temple Car can be taken through any one of the streets suggested by the appellant, giving a minimum of two hours time for the Temple Car to pass through the street on any day of the festival. The Division Bench Order also ...

'Propensity To Stoke Communal Disharmony': Madras High Court Disallows Lalgudi Temple Car Festival To Pass Through Streets

Sebin James

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