BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/01/2011 CORAM THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.A.(MD)No.13 of 2011 and M.P.(MD)No.1 of 2011 1.S.Ravichandran 2.S.Nagendran 3.O.L.Haribabu 4.M.Manikandan 5.K.Manikandan 6.K.Nehru 7.T.Perumal 8.R.Pirabhu 9.A.Thirupathi Raja 10.M.Manikandan 11.P.Lakshmanan 12.K.Murugesan ... Appellants Vs. 1.The Director, The Tamil Nadu Tourism Department, Tamil Nadu Tourism Complex, Walaja Road, Chennai 600 002. 2.The Executive Officer, Shri Meenakshi Sundareswarar Thirukkoil, Madurai. 3.The Commissioner of Police, Madurai City, Madurai. ... Respondents Prayer Appeal is filed under Clause 15 of Letters Patent against the order of this Court dated 11.11.2010 in W.P.(MD)No.11790 of 2010. !For Appellants ... Mr.G.Prabhu Rajadurai ^For Respondents ... Mr.R.Janakiramulu Spl.G.P. :JUDGMENT
(Judgment of the Court was delivered by
N.PAUL VASANTHAKUMAR,J.)
This Writ Appeal is filed against the order made in W.P.(MD)No.11790 of
2010 wherein the appellants prayed for a Writ of Mandamus, directing the
respondents to allow them to work as Tourist Guides in and around Meenakshi
Amman Temple and other places in Madurai by issuing identity cards.
2.The learned Single Judge dismissed the Writ petition by following the
earlier Division Bench Judgment made in W.A.No.2343 of 2004 dated 08.08.2007.
The said Writ Appeal arose against an order passed by the learned Single Judge
in W.P.No.8170 of 1996 dated 17.04.2003. The Executive Officer of Shri
Meenakshi Sundareswarar Thirukkoil, Madurai having aggrieved about the order of
the learned Single Judge filed the above Writ Appeal and the same was allowed by
the Division Bench by taking note of the guidelines issued for issuance of
licence to Temple Guides. In paragraph Nos.3 to 6 the Division Bench held as
follows:
“3.Learned counsel appearing on behalf of the second respondent, The
Commissiner, The Hindu Religious and Charitable Endowments Board, Chennai,
brought to the notice of the Court, the guidelines for issue of licence to
temple guides circulated vide letter No.236 dated 31.07.2006. The relevant
portion of the guidelines reads as follows:
“GUIDELINES FOR ISSUE OF LICENCE TO TEMPLE GUIDES:
1.The applicant seeking licence as temple guide must profess Hindu religion.
2.He/She must have attained age of minimum 25 years.
3.He/She should have passed 10th Standard (S.S.L.C.)
4.He/She must be able to speak fluently one of the languages such as English,
Telegu, Malayalam, Kannadam and Hindi apart from Tamil.
5.He/She must have through knowledge about the puranam, Hitory significance of
antiquities, poojas and other rituals of the concerned temple. He must strictly
follow the custom and usage’s of the temple.
6.He/She shall produce a certificate/diploma obtained from any recognized
University/ institution approved by the Government for having been qualified to
work as tourist guide.
7.He/She should not have involved in any kind of criminal activities. He/She
should not have been affected by contagious disease. He should not be in the
habit of consuming alcohol of smoking etc. He should not have acted against the
interest of the institution.
8.The issue of licence will be decided only after an interview conducted by a
committee consisting the members of Trust Board of the Temple and one or two
experts in the field and after obtaining resolution from the Trust Board of the
temple.
9.He/She should pay the amount fixed by the temple as licence fee every year.
He/She should also pay the amount as fixed for the renewal of licence for each
fasli year.
10.He/She shall be entitled to receive from the tourist, the amount prescribed
as remuneration by the temple only.
11.The devotees themselves shall deposit into the Hindial, the donation they
wish to make, or remit the same in the temple office and obtain proper receipts.
The temple guide should not give room for any complaints in this regard.
12.He/She should accompany the devotees to the temple only when the temple is
kept open for darshan. He/She should conform to the custom of temple that
devotees who are not Hindus shall be entitled to enter or offer worship in a
temple only up to specified area, requisite for obtaining access to the temple
and that devotees, who are affected by contagious disease and persons who are
known to have consumed alcohol, etc., shall not be allowed entry inside the
temple.
13.He/She must work in the temple precincts only and not outside the temple
area. This licence will not be valid outside the temple.
14.The licence issued shall not entitled any tourist guide to claim any further
right or concession on that basis at any time in future.
15.If he/she violated the specified condition and rules and regulations of the
temple to get the licence or if any complaint is received against him from the
devotees/tourists or if any complaint is received alleging misuse of licence,
the licence will be concelled after due enquiry.
16.The licence is not transferable. No one should use the licence of others.
17.He/She shall endeavour to work in the temple with deep sense of devotion,
dedication and full faith in God.”
4.Learned counsel appearing on behalf of the respondent Union submitted
that there is no objection for appointment of any person as guide. But,
unqualified persons cannot be appointed as guides for the Devasthanam temple.
5.We have noticed that there is a guidelines already issued by the 2nd
respondent, Hindu Religious and Charitable Endowments Board for issue of licence
to temple guides. Apart from qualifications, age limit has also been prescribed
therein. There is nothing on record to suggests that any unqualified person has
already been granted licence and thereby appointed as temple guide. In the
absence of any such averment or example, it was not desirable for the Court to
entertain the Writ petition.
6.Having regard to the fact that the learned Single Judge has passed the
impugned order without showing any ground in favour of the respondent/Writ
petitioner union, we have no other option but to set aside the impugned order.
We accordingly set aside the impugned order dated 17.04.2003 made in W.P.No.8170
of 1996, but with the observation that the competent authority will issue
licence as per the guidelines as quoted above. However, we make it clear that
this order shall not stand in the way of the members of the respondent union to
act as Guides if they have a valid licence. Further no person should be given
licence in violation of the guideline issued by the H.R. & C.E. Department as
quoted above. The Writ appeal is allowed. Consequently, connected M.P.is
closed. There shall be no orders as to the costs.”
The appellants are not given any licence to act as Temple Guides in terms of the
said Division Bench judgment or the guidelines issued.
3.In the absence of any licence issued by the Temple or identity card
issued by the Tourism Development Corporation/Department, the appellants have no
right to pray for issuing a Writ of Mandamus and the said prayer is rightly
rejected by the learned Single Judge, we see no ground to interfere with the
said finding. Hence, the Writ Appeal is dismissed. No costs. Consequently,
connected M.P.is closed.
nbj
To
1.The Director,
The Tamil Nadu Tourism Department,
Tamil Nadu Tourism Complex,
Walaja Road,
Chennai 600 002.
2.The Executive Officer,
Shri Meenakshi Sundareswarar Thirukkoil,
Madurai.
3.The Commissioner of Police,
Madurai City, Madurai.