High Court · 2025

CONT P No. 3856 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15-12-2025CORAMTHE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYCONT P No. 3856 of 2025A.KarthikPetitioner(s)Vs1. Mrs. Rashmi Siddharth Zagade,The District Collector, Office of District Collector, Singaravellan Complex, Chennai -600 001.2.Mr. K.Karthikeyan,The Revenue Divisional Officer,Gandhi Road, Puzhal, Chennai-60.3.Mrs. Sagaya Rani,The Tahsildar,Thiruvottiyur Thaluk Office, Chennai-19.4.Mr. K.Shankar,The Commissioner of Police, Avadi Commissionerate, Chennai -600054.5.Mr. Chandra Mohan,The Inspector of Police, M-5, Ennore Police Station (L and O), Chennai-57.6.Magendran S/o. Sambasivam[R6 impleaded as per the order of the Court made in Sub.A.No.1371 of 2025 in Cont.P.No.3856 of 2025 dated 15.12.2025]Contemnor(s)1 of 7 https://www.mhc.tn.gov.in/judis CONT P No. 3856 of 2025Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, for having disobeyed the order in W.P.No.12034 of 2025 dated 03.04.2025.For Petitioner(s):M/s.M.Ganesh BabuFor Respondent(s):Mr.N.ManoharanAdditional Government Pleader for R1 to R3Mr.S.SugendranAdditional Public Prosecutor (Crl.side)for R4 and R5M/s.Shaikh Mehrunnisa for R6ORDERThis contempt petition is filed complaining of willful disobedience of the order dated 03.04.2025 made in W.P.No.12034 of 2025.2.The grievance of the petitioner is that the petitioner had installed the idols of goddess ‘Sivasakthi Dhakshiswari’ along with ‘Vinayagar’ and ‘Veerabhadran’ in his own premises bearing Door.No.50, 3rd Bajanai Koil Street, Nettu Kuppam, Ennore, Chennai – 600 057. The Petitioner conducts the worship in his own premises. However, the neighbours and other devotees are also welcomed by the petitioner while conducting the poojas in his own premises. While so, suddenly, the Authorities came to the premises and taken away the idols. On behalf of the respondents / authorities it is submitted that after the installation of the idols, there has been unnatural death in the area and 2 of 7 https://www.mhc.tn.gov.in/judis CONT P No. 3856 of 2025therefore, the residents are agitated over the installation of the idols and the worship of the petitioner. In view of the representation made by the local public, the idols were removed. Under the said circumstances, this Court held that the action of the respondents is neither supported by law nor it can be supported by any principle of ‘Bhakthi’ or ‘Science’ and only on superstitions (K:l ek;gpf;if) State Authorities cannot Act and the constitutions enjoins on the Authority to inculcate scientific values and temper among the general public. The following order was passed in paragraph no.6 of the order dated 03.04.2025 in W.P.No.12034 of 2025.“6.In view thereof, this Writ Petition is disposed of on the following direction:(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 byy 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.”Complaining that the said order is not complied with, the contempt petition is filed.3 of 7 https://www.mhc.tn.gov.in/judis CONT P No. 3856 of 20253. Learned Counsel appearing on behalf of the petitioner submits that while the idol belongs to the petitioner, till date it is not given to him. Even the local public are threatening him that if the idols are kept in his own premises, they will attack the petitioner and also will destroy the structure. The learned Counsel further submits that the idol should be handed over to the petitioner with due protection.4.Learned Special Government Pleader appearing on behalf of the respondents 1 to 3 would submit that while it is true that the superstitions need not be entertained, at the same time, when the petitioner had only permission for construction of a house, without any permission whatsoever, now he is constructing a temple and these idols are being installed in a manner so as to be worshipped by everyone. Poojas are conducted even during the midnight and it is affecting the local public and the vicinity. Therefore, action was taken by the Authorities.5.M/s.Shaikh Mehrunnisa, the learned Counsel appearing on behalf of the newly impleaded respondent would submit that the facts that it is like a temple; and separate pathway is also made by the petitioner; and the petitioner has kept idol; and collection of hundi amount is also made from the public. The petitioner is not entitled to build a temple in his residential premises. According 4 of 7 https://www.mhc.tn.gov.in/judis CONT P No. 3856 of 2025to the learned Counsel, even the premises which is now been claimed does belong to the petitioner and it is a ‘poromboke’ land.6.After hearing all the learned Counsel, since the idol belongs to the petitioner, in the morning, since the Tahsildar and the petitioner both were present, this Court directed the petitioner to visit the Tahsildar Office and collect the idols. Accordingly, it is now represented that the idols have been handed over to the petitioner and therefore, the Court direction that is issued in paragraph no.6 stands complied with.7.With reference to the other apprehensions that raised on either side, firstly, if there is any construction that is made without permission of the local authority, it is for the said authority to issue such notice to the petitioner in accordance with law, and petitioner will be entitled to raise such defenses as may be permissible under law. Any worship by the petitioner cannot be in the manner so as to disturb the local public, there cannot be usage of any loudspeaker or causing any kind of noise pollution or disturbance to the vicinity. If such an act is done so as to disturb the local public, upon receipt of the complaint, the local police are entitled to inspect, and the appropriate authorities entitled under the law, can take such action. Needless to mention that if any ‘Hundi’ is kept, it will entitle the authorities of the HR and CE Department to 5 of 7 https://www.mhc.tn.gov.in/judis CONT P No. 3856 of 2025forthwith inspect the temple and take action in the manner known to law. However, if a person wants to keep any idol in his own premises and worship peacefully by himself or by inviting willing friends or neighbours, the public cannot take law into their own hands by the majority might. The State Authorities cannot give in to such superstitions and false beliefs. God or an idol will never harm any human being, and such beliefs are only superstitions and cannot be said to be in tune with the principles of ‘Bhakthi’ or ‘Science’.With the above observations, the contempt petition stand closed.15-12-2025(2/2)vedaTo1.The District Collector, Office of District Collector, Singaravellan Complex, Chennai -600001.2.The Revenue Divisional Officer, Gandhi Road, Puzhal, Chennai-60.3.The Tahsildar Thiruvottiyur Thaluk Office, Chennai-19.4.The Commissioner of Police, Avadi Commissionerate, Chennai -600054.5.The Inspector of Police, M-5, Ennore Police Station (L and O), Chennai-57.6 of 7 https://www.mhc.tn.gov.in/judis CONT P No. 3856 of 2025D.BHARATHA CHAKRAVARTHY J.vedaCONT P No. 3856 of 2025 15-12-2025(2/2)7 of 7