The Madras High Court Bench has refused to ban the sale of a book on history of the Mangalanathar Mangaleswari Temple at Uthirakosamangai in Ramanathapuram district in its judgement dated 2nd June 2017.
The sale of the book outside the premises of the Temple was challenged on the ground that the author had not taken permission from Hindu Religious and Charitable Endowments Department to write the book.
The author of the book Easan Easwari Pirantha Oor Thiru Uthirakosamangai Thiruthala Varalaru, P. Thangavelu filed a writ of mandamus earlier this year to forbear the police from preventing him and his representatives from selling his book outside the temple complex.
The Inspector of Thiru Uthirakosamangai Police Station appeared before the court and based on his instructions, an Additional Government Pleader gave an undertaking to the single judge that the police shall not cause any kind of hindrance to the petitioner in selling his books outside the temple.
Bench pointed that the stand taken by the police was perfectly in order and in light of the decision of the Honourable first Bench of the Court in S.Tamil Selvan v. Perumal Murugan (2016) 3 MLJ (Crl.)129. In this case the Court stated that “ The choice to read is always with the reader. There is no compulsion to read a book. Literary tastes may vary and what is right and acceptable to one may not be so to others. Yet, the right to write is unhindered.”
The Temple in the present case apprehended that the other legal remedies available to it may be foreclosed on account of order passed by the writ court. But the court held that while granting relief to the writ petitioner, the court only directed the respondent police and that too after recording their undertaking. Therefore, the temple could not have any grievance. However the court was entitled to work out their remedies in accordance with law, if aggrieved.