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2011 DIGILAW 4682 (MAD)

Pattusalier Nala Sangam Represented by its President R. Lakshmanan @ Perumal Pondicherry v. The Government of Pondicherry Rep. by its Chief Secretary Pondicherry

2011-11-30

P.JYOTHIMANI

body2011
Judgment :- 1. This writ petition is filed by the society called Pattusalier Nala Sangam, represented by its President R.Lakshmanan@Perumal for a direction against the respondents 1 to 3 to proceed further in pursuance to the meeting of the Committee said to have held on 17.8.2005 in the office of the 3rd respondent, by involving the members of Petitioner Association in the Thiruppani work of the 4th respondent temple and forbear the respondents from any manner demolishing the existing Mandapams or removing the inscriptions in the temple. Subsequently, the 5th respondent who happened to be one of the devotees has been impleaded as a party. 2. The case of the petitioner association is that the 4th respondent temple was started by Pattusaliar Community from time immemorial and they alone have been maintaining the same. However, in course of time, when public started becoming members, other community members have also associated themselves as members of the trust in maintaining the temple and that has also been recognized by the Hindu Religious Institutions of the Government of Pondicherry. The grievance of the petitioner is that even though other community members have been included, subsequently due to the conduct of the department, the renovation work of the temple could not be carried out and the temple is in dilapidated condition and that there was a meeting convened on 4.5.2003 which was adjourned subsequently, and after 8.7.2005 there was no further action taken by respondents 1 to 3 and therefore, the dilapidated condition of the temple remains as such without any renovation which has made the petitioner to approach this Court by filing the writ petition for a direction as stated above. 3. In the counter affidavit filed by the Department while it is admitted that originally in the year 1879 it is the Muthialpet Pattusalier caste people by collecting donations have administered the temple originally with 7 members Committee constituted on 26.3.1889. Thereafter, 5 members Committee constituted on 26.1.1893 all belonging to Pattusaliar Community. It was thereafter in 1909, one Thiru Ragavalu Chettiar and Narayanasamy Naidu were elected to the Trust and collections of donations have been made from people belonging to various communities. After passing away of Narayanasamy Naidu, his son Ethirajulu Naidu was appointed to administer the temple on 25.3.1913 and thereafter, on the death of Veerasamy Chettiar, one Thambusamy Chettiar was appointed on 2.3.1921. After passing away of Narayanasamy Naidu, his son Ethirajulu Naidu was appointed to administer the temple on 25.3.1913 and thereafter, on the death of Veerasamy Chettiar, one Thambusamy Chettiar was appointed on 2.3.1921. It appears that on 1.10.1923 to conduct election for the Devasthanam, electoral role was prepared pertaining to all Hindus belonging to various communities. Thus, according to the respondents 1 to 3, in course of time the administration which was originally with only one community, namely, Pattusaliar community has been shared by the people belonging to various communities including Pattusaliar community. It is the specific case of the respondents 1 to 3 that the petitioner has never been excluded from the Board of Trust. In fact, even as per G.O.Ms.No.27/CHRI/TI/92 dated 20.4.92 the petitioner Lakshmanan @ Perumal continued to be the President while the other persons belonging to other castes were holding the post of Office Bearers. It is the case of the respondents, that when there were certain disputes, the petitioner had started claiming exclusive right again, the meeting was convened and according to the respondents 1 to 3, it is the petitioner who has been following the non-cooperation attitude which resulted in the inability of the department from proceeding to do the renovation work of the temple which is in dilapidated condition. It is also made clear by the said respondents in the counter affidavit that they have never intended to exclude the petitioner as well as other persons from Pattusaliar community. Further, it is stated that the petitioner-Lakshmanan@Perumal has involved in some unpleasant activities of alienating some of the properties of the temple in his wife’s name which resulted in the filing of the O.S.No.233/2000 by one of the devotees, in which the petitioner has lost in the Original Suit and preferred appeal A.S.No.15/2005. In spite of that the respondents 1 to 3 have constituted the Renovation Advisory Committee and they are always willing to include the petitioner in the said Committee. 4. Mr.M.Govindaraj, learned Additional Government Pleader brought to the notice of this Court that by G.O.Ms.No.44/CHRI/T.1/96, Hindu Religious Institutions, Pondicherry, dated 19.1.1996 the petitioner was appointed as the President of the Committee along with other members who are as follows: “THIRUVALARGAL;- 1. R.Lakshmanan @ Perumal s/o Ramanujam 2, Perumal Nayudu Street Muthialpet, Pondicherry 2. G.Theenathayalan S/o Govindarajulu MagadmaGandhi Street Muthialpet, Pondicherry 3. V.Sriramulu S/o Varadarajulu 56, Simonpet, Muthialpet Pondicherry 4. R.Lakshmanan @ Perumal s/o Ramanujam 2, Perumal Nayudu Street Muthialpet, Pondicherry 2. G.Theenathayalan S/o Govindarajulu MagadmaGandhi Street Muthialpet, Pondicherry 3. V.Sriramulu S/o Varadarajulu 56, Simonpet, Muthialpet Pondicherry 4. Venugopalan S/o Srinivasan 158, Gandhi Street Muthialpet, Pondicherry 5. N.Muthuswamy S/o Natesan KaruvadikuppamRoad Pondicherry He would also submit that the said Government Order continues as on date and there is no impediment for the Government of Pondicherry provided the petitioner cooperates with the efforts taken by the department in making renovation. He also submits that the department must be given liberty to take appropriate action if any of the members of the Committee is involved in unlawful activities relating to the properties. 5. In view of the fair submissions made by the learned counsel for the respondents 1 to 3, the writ petition is disposed of with a direction to the respondents 1 to 3 to allow the Advisory Committee constituted as per G.O.Ms.No.44/CHRI/T.1/96, Hindu Religious Institutions, dated 19.1.1996 to continue to be the Advisory Committee for the purpose of renovation who shall convene their meeting within one week from the date of receipt of a copy of this order about the various requirements and submit a report to the Department, namely, the third respondent-Commissioner, Hindu Religious Institutions, Pondicherry. On the submission of such report by the Committee, the third respondent shall immediately proceed to commence the renovation work of the temple which shall be completed expeditiously in the interest of public. It is for the Committee constituted as stated above to decide about the various activities to be done, Thiruppani works etc in which event, it is for the department to consider in accordance with law. As on date, the control of the temple is under the Hindu Religious Institutions Department even though the same is administered by the people from various communities including Pattusaliar community. 6. With the abovesaid directions, the writ petition is disposed of. No costs.