IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15/06/2005
CORAM
THE HON'BLE MR.JUSTICE P.D.DINAKARAN
W.P.No.13382 of 2005
Krishnamachari
Secretary
Divya Desa Paarambariya
Paadhukappu Peravai
214, East Uthara Street
Srirangam, Trichy-6. .. Petitioner
-Vs-
1. The Secretary
Department of Home Affairs
Fort St.George, Chennai.
2. The Superintendent of Police
Thirunelveli District.
3. The Inspector of Police
Thirukurungudi Police Station
Thirunelveli District.
4. The Commissioner
Hindu Religious and Charitable
Endowment, Nungambakkam
Chennai 34.
5. Srinivasa Charitable Trust
rep. by its Trustee
Venu Srinivasan
No.16, North Mada Street
Thirukurungudi
Nanguneri Taluk
Thirunelveli District-627 115.
6. Thiru Jeer Mutt
rep. by Perarulala Ramanuja
Jeeyar, Thirukurungudi
Nanguneri Taluk
Thirunelveli District-627 115.
7. Sri Jayendra Saraswathi Swamigal
8. Sri Vanamamalai Mutt
rep. by Srimath Kaliyan
Vanamamalai Ramanuja Jeer
Nanguneri 627 108.
9. Venu Srinivasan
10.Unnikrishna Panicker .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India for
issue of a writ of Mandamus as stated therein.
For Petitioner : Mr.V.Prakash
Senior Counsel
For Respondents: Mr.G.Sukumar
Spl. Government Pleader
for respondents 1 to 4
:ORDER
Heard Mr.V.Prakash, learned senior counsel for the petitioner and
Mr.G.Sukumar, learned Special Government Pleader for the respondents 1 to 4.
2.1. The brief facts of the case leading to the filing of the writ
petition are as under:
The petitioner is the Secretary of Divya Desa Paarambariya
Paadhukaappu Peravai, a society registered under the Societies Registration
Act. The main object of the Peravai is to protect ancient Vaishnava Temples,
especially its heritage, customs and traditions.
2.2. According to the petitioner, a Sivan deity called ‘
Mahendragirinathar’, had been in existence for more than 1000 years in the
Siva Sannadhi of an ancient temple called “Azhagiya Namirayar Perumal Temple”
at Thirukurungudi in Nanguneri Taluk, Tirunelveli District. The said temple
belongs to the sixth respondent/Jeer Mutt and it is under the control and
management of the sixth respondent and the fifth respondent was carrying on
renovation work in the temple as requested by the sixth respondent.
2.3. Under the pretext of renovation, the fifth respondent, on
instructions from the sixth respondent, demolished the Sivan Sannadhi
mentioned above on the night of 1.6.2004 and the ‘Lingam’ in the said Sivan
Sannadhi was uprooted and the same was kept in the straw, which has been
termed as ‘Dhanyavasam’.
2.4. Before demolishing the Sivan Sannadhi and placing the same in
the fourth pragharam in the same temple, no prior approval was obtained by
respondents 5 and 6 from the authorities concerned and moreover the inaction
on the part of the fourth respondent to take stock of the situation and order
restoration of the said Sivan Sannadhi to its original place is illegal.
2.5. The removal of Sivan Sannadhi is not only against the Agama
Principles of Vaishnava Temples but also against the provisions of the Hindu
Religious and Charitable Endowments Act. Alleging the inaction on the part of
the authorities concerned, the petitioner, immediately after the demolition of
the Sivan Sannadhi, made a complaint before the third respondent on 5.4.2005.
But, the third respondent refused to take the complaint on file. Hence, the
petitioner has preferred this writ petition seeking a writ of Mandamus to
direct the first respondent to cause registration of the offence relating to
the destroying of the Sivan Sannadhi in Azhagiya Nambirayar Temple,
Thirukurungkudi, Nanguneri Taluk, Thirunelveli District against respondents 5
to 1 0 and investigate the said offence against the said respondents and
proceed in accordance with law.
3.1. Mr.G.Sukumar, learned Special Government Pleader, fairly
concedes that the removal of the Sivan deity and destroying of Sivan Sannadhi
is illegal as the same was done without any approval of the authorities.
3.2. Mr.G.Sukumar, learned Special Government Pleader also brought to
the notice of this Court that the fourth respondent had already issued a show
cause notice to the sixth respondent and sought for his explanation over the
issue of removal of the Sivan Sannadhi.
4. When adherents of the religion make a claim upon and alter the
place of worship and, by dint of numbers, create conditions that are conducive
to public disorder, it is the constitutional obligation of the State to
protect that place of worship and to preserve public order, using for the
purpose such means and forces of law and order as are required.
5. Be that be, it cannot be disputed that the impugned act as
complained by the petitioner committed by whomsoever concerned attracts penal
consequences of the Indian Penal Code and also offends the religious
sentiments of worshippers as well as the public at large.
6. Under such circumstances, it is needless to say that the first
respondent should have given appropriate direction to the authorities
concerned to investigate and take appropriate action in accordance with law.
The silence on the part of the first respondent in not taking any action in
this direction, but merely initiating disciplinary action under the provisions
of the Hindu Religious and Charitable Endowments Act necessitated the
petitioner to approach this Court seeking the above relief.
7. Since the above cause of action is not seriously disputed by the
respondent/Government, suffice it to direct the first respondent to give
appropriate direction to the Police authorities concerned to register the
offence relating to the destroying of the Sivan Sannadhi in Azhagiya
Nambirayar Temple, Thirukurungkudi, Nanguneri Taluk, Thirunelveli District
against respondents 5 to 10 and investigate the said offence against the said
respondents and proceed in accordance with law, in order to prevent
miscarriage of justice.
This writ petition is ordered accordingly. No costs. Consequently,
W.P.M.P.No.14675 of 2005 is closed.
Index :Yes
Internet:Yes
sasi
To:
1. The Secretary
Department of Home Affairs
Fort St.George, Chennai.
2. The Superintendent of Police
Thirunelveli District.
3. The Inspector of Police
Thirukurungudi Police Station
Thirunelveli District.
4. The Commissioner
Hindu Religious and Charitable
Endowment, Nungambakkam
Chennai 34.