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2005 DIGILAW 855 (MAD)

Krishnamachari v. The Secretary Department of Home Affairs Fort St. George & Others

2005-06-15

P.D.DINAKARAN

body2005
Judgment :- 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 10 and investigate the said offence against the said respondents and proceed in accordance with law. 3.1. 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.