Vinayagar idol case affidavit copy MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA IN THE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION) W.P. No. OF 2021 K.Gopinath

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
IN THE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION)
W.P. No. OF 2021
K.Gopinath
S/o T.Kuppusamy
No.84, First Street, Murungapalayam Gandhi Nagar Post Office
Tiruppur-641 603 …Petitioner
Vs
1. State of Tamil Nadu
Represented by its Secretary to Government Department of Home Affairs
St.George Fort, Chennai-600 009

2. The Director General of Police Dr.Radhakrishnan Road
Mylapore, Chennai-600 004 …Respondents

AFFIDAVIT OF K.GOPINATH

I, K.Gopinath, Son of T.Kuppusamy, Hindu, aged about 37 years, residing at No.84, First Street, Murungapalayam, Gandhi Nagar Post Office, Tiruppur-641 603 do hereby solemnly affirm and sincerely state as follows:

1. I submit that I am the petitioner herein and as such I am well acquainted with the facts and circumstances of the case. I submit that I am a practising Advocate, practising at Tiruppur District. I am filing this writ petition in public interest, out of my own funds. I submit that I have filed several public interest litigations earlier. I am functioning as the President of Hindu Munnetra Kazhagam, an unregistered body, and working for the promotion and protection of the Constitutional rights of Hindus.

2. I submit that under G.O.(Ms) No. 371 dated 08.05.2021, lock-down procedure have been enforced throughout the State of Tamil Nadu. Apart from the same, a proclamation has been made Under Section 144 of Cr.P.C. preventing the Assembly of 4 or more persons through the State of Tamil Nadu to prevent the further spread of the Covid-19 Pandemic. Presently, the same has been relaxed from 02.08.2021.

3. I submit that in the third wave of COVID-19 is likely to affect the State of Tamilnadu and our State has been heavily affected during the Second Wave and the number of deaths were also very high. I submit that the Hindu Festival of Sri Vinayakar Chathurthi falls on 10th September 2021, Friday. I submit that the statues of Vinayagar is erected in public places for 3 days prior to the Festival and public gathering to worship those statues are allowed.
4. I submit that the Vinayagar Chathurthi Festival needs regulation to contain the further spread of Covid-19 Pandemic. The respondents are duty bound to notify the standard operation procedure for celebration of the Vinayagar Chathurthi Festival without increase in the further spread of Covid-19 Pandemic.
5. I submit that hence I made a representation to the respondents in this regard on 02.08.2021 and the respondents have received the same. However, no action has been taken by the respondents. Hence the Judicial intervention and interdiction is necessary to ensure that the Executive performs its statutory obligations with regard to the

containment of the COVID 19 pandemic as mandated by the Disaster Management Act, 2005.
6. I submit that the respondents have received the representation of the petitioner dated 02.08.2021 and have not taken any action till date and hence the petitioner is constrained to file this Writ Petition under Article 226 of the Constitution of India and the petitioner has no other alternate and efficacious remedy. The petitioner has not moved any other court or forum for the very same relief prayed for in this Writ Petition.
7. I submit that I have not filed any public interest litigation earlier and to my knowledge no other person has filed any Public Interest Litigation with respect to the subject matter. I hereby undertake to pay to costs if, it is found at any time that it is found to be intended for personal gain or motive.
8. I submit that I am an Advocate practicing in the District Court at Tiruppur and I am sustaining myself from the earnings of my profession as an Advocate. I am an income tax assessee and My PAN number is ALLPG1359C. My Aadhar Card number is 7575 4666 7688. I submit that I am filing the present public interest litigation out of my own funds. I have filed the present Writ Petition based on the information and personal knowledge and also on information furnished by the officials and other residents of Tiruppur. The sources have been collected by me from the letters sent by the respondents and copies of the same are filed in the typed set of papers. I have also
filed my representations.

9. It is submitted that the respondents may be directed to issue Standard Operational Procedures to celebrate Sri Vinayagar Chathurthi falling on 10th September, 2021. Otherwise the petitioner and other residents of the State will be put to untold suffering and torture. No prejudice will be caused to the respondents if they are directed to strictly enforce the Lock down procedures until the COVID 19 pandemic subsides in the State. The balance of convenience is in favour of petitioner.

For the reasons stated above it is therefore prayed that this Honourable Court may be pleased to pass orders, directions or writs in particular a WRIT OF MANDAMUS directing the respondents to consider the representation of the petitioner dated 02.08.2021 and take necessary action to notify Standard Operational Procedures to Celebrate Sri Vinayagar Chaturthi Festival, falling on 10th September, 2021 and issue such further or other orders or directions deemed fit and proper in the facts and circumstances of this case and thus render justice.

Solemnly affirmed the contents of Before me this Affidavit at Chennai on this
the 13th Day of August, 2021 and
signed his Name in my presence Advocate-Chennai