In  WA (MD) No. 681 of 2023 – MADR HC - Can Writ Court interfere with the conduct of customary religious festivals? Madras High Court answers in the negative
Justice G.R. Swaminathan and Justice S. Srimathy [09-05-2023]

Read Order: Koottalumoodu Arulmigu Bhadreswari Devasthanam v. The District Collector And Ors

Simran Singh

New Delhi, May 10, 2023: While exercising its writ appellate jurisdiction, the Madurai Bench of the Madras High Court has set aside the impugned order of the District Revenue Officer cum Additional District Magistrate (ADM) imposing timings in conducting the traditional display of fireworks at the concluding session of ‘Chithirai Festival’ at the ancient temple of Koottalumoodu Arulmigu Bhadreswari Devasthanam.

“We are clearly of the view that it is not for the Writ Court to interfere with the conduct of customary religious festivals or stipulate the timings as to when the traditional display of fire works should be conducted,” held a Division Bench of Justice G.R. Swaminathan and Justice S. Srimathy.

In the matter at hand, the appellant being an ancient temple, preferred an intra-appeal against the order dated 27-04-2023 passed by the ADM. There is a tradition of conducting display of fire works in the concluding session of ‘Chithirai Festival’ after the temple flag is lowered. The appellant approached the High Court with a prayer to direct ADM to grant such permission and set aside his order wherein he stipulated a condition that permission may be granted for bursting of fire crackers between 09:00 p.m. and 10:00 p.m. on 09.05.2023. Hence, the present appeal.

The Bench took note of the fact the it was not the first time that the same issue was brought before this Court. Vide order dated 23-04-2019, the then Court had observed that “Since the subject matter pertains to temple festivities, I am of the view that the second respondent ought to grant permission. This is all the more so, because there is nothing novel or new about it. It is a traditional feature…….. The second respondent can impose condition as regards the safety issues. It is made clear that there will be no restriction regarding timings.”

The Court stated that even in the year 2022, the authorities had declined to grant permission to the temple for the same activity, which had made them approach the Court. Vide order dated 28-04-2022, the writ petition was disposed of stating that “direct the respondents to grant permission for the traditional public display of fireworks in the end of tenth day festival of Chithirai Thiruvizha at Kootalumoodu Arulmigu Bhadreswari Devasthanam, Painkulam, on 10.05.2022 after the Thirukkodi Irakkam (jpUf;nfhb ,wf;Fjy;) with a specific timings after 12.00 am (11.05.2022) based on the petitioner's application, dated 08.04.2022.”

The Court referred to P.Seeni v. The District Collector, Virudhunagar & Ors which had held that the permission from administrative authorities need not be taken for conducting traditional religious functions in the customary manner. It further referred to In Re: Noise Pollution  that had held that there shall be a complete ban on bursting sound emitting fire crackers between 10:00 p.m. to 06:00 a.m. However, it was added that it was not necessary to impose restrictions as to time on bursting of colour/light emitting fire crackers.

The Bench was not inclined to suspend the festivity since the display of fire works have been an integral part of the celebration of the festival and saw no reason as to why the festivity should be suspended. It was of the view that it was not for the Writ Court to interfere with the conduct of customary religious festivals or stipulate the timings as to when the traditional display of fire works should be conducted. However, the safety aspects could not be lost sight of.

The Court took note of the fact that the appellant had undertaken the the fire works would be displayed only at the notified site which would be fenced and barricaded and the members of the general public would not be allowed to come within 100 metres of the spot. The Court directed The Devasthanam to ensure that the safety distance was maintained and the entire burden would not be placed on the police force. It was further undertaken that once the temple flag was customarily lowered at 12:00 am (midnight), the following fire works would be concluded by 2:30am.

With the above observation, the impugned order imposing timings was set aside.