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2021 DIGILAW 3091 (MAD)

Vadavalli Sametha Visaleesvara Swami Arakkadalai v. Joint Commissioner/Executive Officer, Tiruvallur

2021-11-12

R.SURESH KUMAR

body2021
JUDGMENT : R. SURESH KUMAR, J. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to handover the Arulmigu Vishaleshwarar Statue, Arulmigu Vinayaga Statue, Arulmigu Astharayar Statue, Arulmigu Pradhosa Nayagar Statue with Prabhas to the petitioner for conducting poojas in the temple. 1. The prayer sought for herein is for a Writ of Mandamus directing the first respondent to handover the Arulmigu Vishaleshwarar Statue, Arulmigu Vinayaga Statue, Arulmigu Astharayar Statue, Arulmigu Pradhosa Nayagar Statue with Prabhas to the petitioner for conducting poojas in the temple. 2. That the petitioner claims to be the Trust called Sri. Vadavalli Sametha Visalessvara Swami Arakattalai and it also claimed that, it had been in the helm of affairs to administer the Temple called Sri. Vadavalli Sametha Visalessvara Swamigal Temple. From 1996 onwards, the Temple Management has been taken over directly by the HR&CE Department and a fit person also had been appointed. Since then, the Temple has been in the administration and control of the fit person. 3. While so, according to the petitioner, during the administration of the fit person, out of the five impon statues of the Temple, one statue has been stolen. Though initially the idol could not be retrieved subsequently with the great efforts taken by the Temple authorities as well as Police concerned, the idol was recovered and has been handed over to the concerned Judicial Magistrate Court, Pallipattu and the said idol has already been brought to the Temple concerned, where the regular poojas has been performed. 4. In that context, in order to save and protect the remaining four idols made out of impon, the HR&CE Department decided to keep these idols in the strong room available in the first respondent Temple with an arrangement that, those idols would be again brought back to the Temple concerned at the time of Urchavam and after completing the Urchavam, it will be taken back to the strong room of the first respondent Temple. 5. As per these arrangements, every year, at the time of Urchavam, these four idols which are kept at the strong room of the first respondent Temple are taken out and kept at the Temple concerned and after Urchavam, it has been brought back once again to the strong room of the first respondent Temple. 6. 5. As per these arrangements, every year, at the time of Urchavam, these four idols which are kept at the strong room of the first respondent Temple are taken out and kept at the Temple concerned and after Urchavam, it has been brought back once again to the strong room of the first respondent Temple. 6. In this context, it is the grievance of the petitioner that, now not only the petitioner's Trust members, but the general public and devotees of the Village and nearby places want to worship the God, i.e. idols, therefore, those idols can be brought back and kept permanently at the Temple concerned, so that, the devotees can worship the God as they desired. Therefore, in order to get back the idols to keep it permanently at the Temple concerned, though representation had been given in the earlier years, since the same has not been considered, the petitioner had given further representation on 08.08.2020 in detail to the respondents to bring back the idols to keep it in the Temple concerned for continuous worshiping. Since the said representation also has not been considered, the petitioner has moved the present Writ Petition. 7. Reiterating the aforestated, the learned counsel appearing for the petitioner would submit that, though the petitioner had been the trusteeship or administration of the Temple concerned till 1996 thereafter, the Temple administration has been taken over by the HR&CE Department and a fit person also was appointed. Only during their period, the one idol was stolen. Therefore, if at all, there is any responsibility to be fixed, it should be fixed only on the fit person or the concerned officials of the HR&CE Department. However, insofar as the petitioner Trust is concerned as well as the general public and devotees are concerned, they are only concerned about the idols to be brought back to the Temple concerned for continuous worshiping. Therefore, only for the said purpose, the present move has been made by the petitioner with the help of the other devotees and Village people and accordingly, the said representation had been given, hence the same may be directed to be considered by the respondents. 8. However, on the other hand, Mrs. Akila Rajendran, learned Government Advocate appearing for the first respondent as well as Mr. 8. However, on the other hand, Mrs. Akila Rajendran, learned Government Advocate appearing for the first respondent as well as Mr. N.R.R. Arun Natarajan, learned Special Government Pleader appearing for the second and third respondents, on instruction, would submit that, in order to have a complete protection and security of the idols, as one out of the five has already been stolen which could be retrieved after great efforts, the decision have been taken to keep the four remaining idols at the strong room available in the first respondent Temple. 9. Though it has been kept in the strong room of the first respondent Temple, every year at the time of Urchavam, all the four idols are being brought to the Temple concerned, where it is being placed enabling all the devotees to have free worship of those idols. These arrangements is being made for several years only for the security and protection of the idols and not for any other reasons. 10. They also submitted that, if at all, the desire of the general public or the devotees as claimed by the petitioner Trust is other way that, they want the idols to be brought back to the Temple concerned on permanent basis, it is for the fit person to take a decision after consulting the devotees or after elucidating the views of the devotees. Therefore, the petitioner cannot step into the shoes of the fit person who is administering the Temple so far without any blemish. 11. Therefore, the learned counsels appearing for the respondents would submit that, the present arrangement can continue from the point of view of the security and protection of the idols and if at all, any change is required in this regard, it is for the fit person to send a report to the HR&CE Department and based on such report only, the Department can act upon. Therefore, the representation submitted by the petitioner claimed to be representing the over all views of the entire devotees of the Temple concerned may not hold good, therefore, the same cannot be accepted. Accordingly, the present plea sought for by the petitioner through his representation dated 08.08.2020 is liable to be rejected. Hence, the Writ Petition cannot be entertained and such a direction need not be given, they submitted. 12. Accordingly, the present plea sought for by the petitioner through his representation dated 08.08.2020 is liable to be rejected. Hence, the Writ Petition cannot be entertained and such a direction need not be given, they submitted. 12. I have considered the said rival submissions made by the learned counsel appearing for the parties and have perused the materials placed before this Court. 13. Insofar as the present plea made by the petitioner is concerned, if we see the prayer in the Writ Petition, as has been pointed out by the respondents' counsel that, the petitioner sought for a direction to hand over the four idols with Prabhas to the petitioner for conducting poojas. 14. However, the learned counsel appearing for the petitioner clarified that, though the prayer has been couched in such manner, the intention of the petitioner is to get back the idols to the Temple and not for handing over the same to the petitioner Trust. 15. Be that as it may, in respect of the said plea to bring back the idols to the Temple on permanent basis is concerned, whether that kind of necessity has arisen from the point of view of the majority of the devotees or local people, that has to be ascertained only by the present administrator who is none other than the fit person who was appointed already by the HR&CE Department. Therefore, if at all, any such request come from the devotees and such situation arises, it is for the fit person to act upon and to send a report or request to the HR&CE Department and based on which, the Department can take a decision. 16. However, so far such a request has not come from the fit person, therefore, when there is a administrator called fit person having been appointed in the helm of affairs of the Temple concerned, the present plea raised by the petitioner cannot be directed to be considered by issuing mandamus by this Court, therefore on that ground, this Court feels that, the petitioner cannot have such a direction as sought for. Accordingly, this Writ Petition fails. 17. Accordingly, this Writ Petition fails. 17. However, while dismissing the Writ Petition, this Court feels that, it is open to the devotees including the petitioner to make a plea to the fit person expressing their desire to bring back the idols to the Temple concerned on permanent basis and based on which, a report can be submitted by the fit person and on receipt of such report, it is for the HR&CE Department to act upon taking into account the ground situation prevailing therein. 18. With these directions, this Writ Petition is rejected, accordingly, it is dismissed. However, there shall be no order as to costs.