BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19/11/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P(MD)No.10471 of 2008 and M.P(MD)Nos.1 and 2 of 2008 V.S.Kuppanna Gounder . . . Petitioner Vs. 1.The District Collector, Dindigul, Dindigul District. 2.The Principal Secretary and Commissioner, Hindu Religious and Charitable and Endowment Trust Department, Chennai - 34. 3.The Joint Commissioner, HR & CE, Madurai. 4.The Assistant Commissioner, Dindigul, Dindigul District. . . . Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus, to call for the records of the fourth respondent in his proceedings in Na.Ka.No.441/08 A3 dated 22.10.2008 and quash the same and consequently to direct the respondents 2 to 4 herein not to interfere with the petitioner's peaceful possession and enjoyment of Arulmigu Sadasara Shanmuganathar Temple situate in Survey No.302 at Karuppatti Rock, Veriyappur Village, Oddanchatram Taluk, Dindigul District. !For Petitioner ... Mr.S.Siva Thilakar ^For RR1 and 2 ... Mr.R.Janakiramulu Special Government Pleader For RR3 and 4 ... Mr.K.M.Vijayakumar Addl. Government Pleader * * * * :ORDER
This petition has been filed to call for the records of the fourth
respondent in his proceedings dated 22.10.2008 in Na.Ka.No.441/08 A3 and quash
the same and consequently to direct the respondents 2 to 4 herein not to
interfere with the petitioner’s peaceful possession and enjoyment of Arulmigu
Sadasara Shanmuganathar Temple situates in Survey No.302 at Karuppatti Rock,
Veriyappur Village, Oddanchatram Taluk, Dindigul District.
2. Heard the learned counsel for the petitioner, Mr.R.Janakiramulu,
learned Special Government Pleader, who took notice on behalf of the respondents
1 and 2 and also Mr.K.M.Vijayakumar, learned Additional Government Pleader, who
took notice on behalf of the respondents 3 and 4.
3. The grievance of the petitioner as aired by the learned counsel for the
petitioner placing reliance on the averments in the affidavit accompanying the
writ petition, is to the effect that the petitioner is a Poojari of the temple
viz., Arulmigu Sadasara Shanmuganathar Temple, Karuppatti Rock, Veriyappur
Village, Oddanchatram Taluk, Dindigul District; while so, some miscreants
attempted to disturb his function as Poojari in that temple; thereupon he
approached the District Munsif Court, Palani and got a decree for injunction in
O.S.No.218 of 2000; as against which appeal was filed and it was also dismissed;
while so, some persons unauthorizedly attempting to convert that hillock, where
the temple is situated, as a stone quarry; meanwhile, the fourth respondent
issued the impugned order dated 22.10.2008, without giving him due opportunity
of being heard. Hence, this writ petition.
4. The petitioner’s contention is that the temple should be protected from
being demolished by unauthorized persons, who are trying to set up a stone
quarry in that locality.
5. The learned counsel for the respondents 3 and 4 would submit that as
per the impugned order, the Hindu Religious and Charitable and Endowment
Department officials are only trying to take action as per the provisions of the
HR & CE Act and there need not be any quashment of that order and they would
also see to it that the temple is preserved.
6. Heard both sides.
7. It is therefore clear that the petitioner as well as the Hindu
Religious and Charitable and Endowment Department officials are interested in
protecting the temple. The petitioner is interested in safeguarding his right
as a poojari in that temple and nothing more. Hence, in these circumstances,
the following direction is issued:
The Hindu Religious and Charitable and Endowment Department shall do well
to see that immediately action is taken under the HR & CE Act to preserve the
temple and at that time, the petitioner shall be given due opportunity of being
heard so as to safeguard his right as poojari in that temple. The Hindu
Religious and Charitable and Endowment Department officials and the District
Collector, Dindigul shall see that no one is demolishing the temple.
8. With the above directions, this Writ Petition is disposed of. No
costs. Consequently, connected Miscellaneous Petitions are closed.
smn
To
1.The District Collector,
Dindigul,
Dindigul District.
2.The Principal Secretary and Commissioner,
Hindu Religious and Charitable and Endowment
Trust Department,
Chennai – 34.
3.The Joint Commissioner,
HR & CE,
Madurai.
4.The Assistant Commissioner,
Dindigul,
Dindigul District.