High Court · 2024
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W.P.No.19881 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:23.08.2024CORAM:THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.19881 of 2024Hereditary Sthanigars Society for Sri Dharbaraneswar Swami DevasthanamSri Saneswara Bhagwan Temple,Thirunallar, (Parambarai Sthanigar Sangam)rep. By its PresidentS.P.S. Nathan @ AmurdheswaranathanNo.4, Vellalar Street, Thirunallar – 609 607Karaikal District, Puducherry state ... PetitionerVs.1. The District Collector and Special Officer (Temples) Sri Dharbaraneswar Swami Devasthanam Sri Saneswara Bhagwan Temple, Karaikal District, Puducherry 2. The Senior Superintendent of Police, Karaikal District, Puducherry State3. The Commissioner, Hindu Religious and Charitable Endowment Board, Puducherry4. The Executive Officer, Sri Darbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Thirunallar, Karaikal District Puducherry5. Dharamapuram Adhinam Kattalai Tambiran Mutt at Tirunallar rep. By Kandhasamy Tambiran Swamy South Street, Tirunallar Karaikal District Puducherry....Respondents1/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024Prayer:Writ Petition filed under Article 226 Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action on the petitioner's representation dated 13.01.2024 for installing the CCTV camera in the 5th respondent mutt premises and to restrain from allowing the outsiders inside the Mutt premises during night hours.For Petitioner : Mr. R.KamarajFor Respondents : Mrs.G.Djearany for R1 to R3 Government Advocate Mr.K.S.Mohandass for R2 Public Prosecutor for PuducherryO R D E R The present Writ Petition has been filed seeking for a Writ of Mandamus directing the respondents 1 to 4 to take action on the petitioner's representation dated 13.01.2024 for installing the CCTV camera in the 5th respondent mutt premises and to restrain from allowing the outsiders inside the Mutt premises during night hours.2. The brief facts of the case, as averred by the petitioner are as follows:-(i) The petitioner-Sangam was formed long back for giving its voice on behalf of Sthanigars of the Temple, namely, Sri Dharbaanyeshwara Swamy Devasthanam (Sri Saneeswara Bhagavan Temple), Tirunallar and registered 2/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024in the year 2014. The 4th respondent-temple is a world renowned shrine and the same was under the management and control of forefathers. Though after independence from the French Government, the temple came under the control of Puducherry Government Hindu Religious Board, however, all the rights, privileges and duties of parambarai Stanigars are still in force and followed as on this date.(ii) The devotees from all over India and abroad visit the temple and there is a maragada lingam in the 4th respondent temple and there are about 100 panchloha idols worth more than several crores of rupees. In fact, various gold jewels for the deities are also kept in the temple worth about more than several Crores of Rupees. Since Maragadha Lingam is very precious rhombus, the same is kept separately in a safety vault chamber lying in the 4th respondent temple. Likewise, separate lockers are provided for keeping the above panchloha idols, gold jewels and the golden cros vahana idol in the 4th respondent temple and all the above lockers are kept in a separate chamber and there is a key for the same in the above chamber.(iii) The 5th respondent was appointed for doing the internal affairs by the forefather and the 4th respondent is paying a sum of Rs.4,500/- per month to the Kattalai Tambiran swamy of the 5th respondent and further, the temple is providing paddy and other items to the Kattalai Tambiran Swamigal of the 5th respondent herein. After performing all the pooja ceremony for all the deities, temple would be closed and keys would be handed over to the 5th respondent 3/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024herein and in the early morning hours of the next day, the keys would be handed over to the staff of the 4th respondent-temple by the 5th respondent and it is the usual practice as per the order passed in A.S.No.426 of 1999. One temple staff and one security staff are staying in the Mutt. In fact, there is no CCTV camera installed inside or outside the mutt and the said Kandasamy Thambiran Swamy is in advanced age (85 years old)(iv) Since for the past 6 months there are about ten unidentified persons belonging to other states, who are no way connected to the Mutt are staying in the Mutt premises, therefore, there is every chance to stole the keys of the temple, which is in the custody of the said Kandasamy Thambiran and committing theft of Maragadha Lingam, valuable icons of deity and other gold jewels. Therefore, on 13.01.2024, a representation was sent by the petitioner to the respondent to remove the unidentified persons staying in the 5th respondent Mutt belonging to other State and install CCTV Camera both inside and outside the 5th respondent and to maintain a separate log book for collecting the details of all the persons visiting to the 5th respondent mutt and to prevent the unlawful elements from entering into the 5th respondent mutt, however, no action was taken. Further, on 11.05.2024, again a letter was sent to the respondents about the necessity to take speedy action in the matter and if speedy action is not taken, there is a chance of theft of the said Maragadha Lingam and other idols etc., Due to the inaction on their part, the petitioner has come up with the present petition. 4/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20243. The learned counsel for the petitioner would submit that even after receipt of the representation dated 13.01.2024, setting out the above facts and requesting to remove the ten unidentified persons staying in the 5th respondent Mutt and to install CCTV Camera both inside and outside of the mutt, the respondents have not taken any action. In addition to that, the petitioner has also requested to maintain a separate log book for collecting the details of all the persons visiting to the 5th respondent-Mutt and to prevent the unlawful elements from entering into the 5th respondent. Since the matter involves serious issue and also having severe threat of theft of the precious Maragadha Lingam (Phallus in Emeralad) valuable icons of deity and other gold jewels lying in the 4th respondent temple, no action was taken on the representation.4. Per contra, the learned Government Advocate (Puducherry) and the learned Public Prosecutor appearing on behalf of the respondents submitted that utmost protection is already persisting for the safety of the lockers and the said Kandasamy Thambiran is satisfactory. Further, all the safety lockers are double lock system, with one key available with Kandasamy Thambiran and the other key available with Executive Officer (Temples) must be operated at a time to open the locker, thereby pleaded to treat this petition as mallified one in which no specific action is needed and sought to dismiss the petition. 5/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20245. Heard the learned counsels on either side and perused the documents placed on record. 6. As far as handling of keys are concerned, as per Common Judgment passed in A.S.Nos.426 and 429 of 1999 dated 03.08.2012, the practice of keeping one set of keys for shrines, safes of valuables and hundials by Kattalai Thambiran was ordered to be continued. It is to be noted that all the safety lockers are double lock system, with one key available with Kandasamy Thambiran and the other key available with Executive Officer (Temples) must be operated at a time to open the locker. 7. Further, on going through the Proceedings of the 2nd respondent vide No.C13/PET-REPLY/SPN/KKL/2024-12 dated 23.07.2024 it is seen that on the representation of the petitioner, enquiry has been conducted with the temple authorities about the persons staying at Dharmapuram Adhinam Kattalai Mutt and it reveals that Mutt is a place for staying of any persons / public. The safety locker is located inside the temple which is under the 24X7 guarded by the temple security staffs and two Gurkhas cordon at the second pragaram. There are 30 number of CCTV cameras installed for surveillance in the temple, which are under the direct supervision of the 1st and 4th respondents. In addition to that an out post is functioning at the temple with armed IRBn police personnel who are posted at the main entrance (Raja Gopuram) of Sri Dharbaraneswara Swamy Temple.6/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20248. As far as the other allegation levelled by the petitioner that about ten unidentified persons belonging to other states, who are no way connected to the mutt are staying in the mutt premises and thereby there is every chance for the theft of the keys of the temple is concerned, the proceedings of the enqury would reveal that mutt is a place for staying of any persons / public.9. Considering the fact that Mutt is a place for staying of any persons / public and taking note of the fact that all the safety lockers are double lock system, with one key available with Kandasamy Thambiran and the other key available with Executive Officer (Temples), which must be operated at a time to open the locker are under the direct supervision of the 1st and 4th respondents and the fact that out post is functioning at the temple with armed police personnel who are posted at the main entrance (Raja Gopuram) of Sri Dharbaraneswara Swamy Temple, this Court is inclined to dispose of the present Writ Petition with the following directions:-(i) The keys of the Maragadalingam should not be given to any persons other than the person, who are entitled to handle the same.(ii) The Executing Officer in person shall handle the keys and not his/her associates.7/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024(iii) The Concerned authorities are directed to consider the representation of the petitioner dated 13.01.2024 and pass a detailed order within a period of four weeks from the date of receipt of copy of this order.(iv) Further, the person / outsiders, whoever is visiting the Madam or Mutt, shall first register themselves with Aadhar Card / proper Proof of Identification and can be permitted to stay in the Mutt but they cannot be permitted to move unauthorisedly in the mutt, particularly to the place where the keys are preserved. Consequently, connected miscellaneous petition is closed. No costs. 23.08.2024Index:Yes/NoInternet:Yes/NoSpeaking / Nonspeaking orderssdTo1. The District Collector and Special Officer (Temples) Sri Dharbaraneswar Swami Devasthanam Sri Saneswara Bhagwan Temple, Karaikal District, Puducherry 2. The Senior Superintendent of Police, Karaikal District, Puducherry State3. The Commissioner, Hindu Religious and Charitable Endowment Board, Puducherry4. The Executive Officer, Sri Darbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Thirunallar, Karaikal District Puducherry8/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20245. Dharamapuram Adhinam Kattalai Tambiran Mutt at Tirunallar rep. By Kandhasamy Tambiran Swamy South Street, Tirunallar Karaikal District Puducherry.9/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024V.BHAVANI SUBBAROYAN J.ssdW.P.No.19881 of 202423.08.202410/10
W.P.No.19881 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:23.08.2024CORAM:THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.19881 of 2024Hereditary Sthanigars Society for Sri Dharbaraneswar Swami DevasthanamSri Saneswara Bhagwan Temple,Thirunallar, (Parambarai Sthanigar Sangam)rep. By its PresidentS.P.S. Nathan @ AmurdheswaranathanNo.4, Vellalar Street, Thirunallar – 609 607Karaikal District, Puducherry state ... PetitionerVs.1. The District Collector and Special Officer (Temples) Sri Dharbaraneswar Swami Devasthanam Sri Saneswara Bhagwan Temple, Karaikal District, Puducherry 2. The Senior Superintendent of Police, Karaikal District, Puducherry State3. The Commissioner, Hindu Religious and Charitable Endowment Board, Puducherry4. The Executive Officer, Sri Darbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Thirunallar, Karaikal District Puducherry5. Dharamapuram Adhinam Kattalai Tambiran Mutt at Tirunallar rep. By Kandhasamy Tambiran Swamy South Street, Tirunallar Karaikal District Puducherry....Respondents1/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024Prayer:Writ Petition filed under Article 226 Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action on the petitioner's representation dated 13.01.2024 for installing the CCTV camera in the 5th respondent mutt premises and to restrain from allowing the outsiders inside the Mutt premises during night hours.For Petitioner : Mr. R.KamarajFor Respondents : Mrs.G.Djearany for R1 to R3 Government Advocate Mr.K.S.Mohandass for R2 Public Prosecutor for PuducherryO R D E R The present Writ Petition has been filed seeking for a Writ of Mandamus directing the respondents 1 to 4 to take action on the petitioner's representation dated 13.01.2024 for installing the CCTV camera in the 5th respondent mutt premises and to restrain from allowing the outsiders inside the Mutt premises during night hours.2. The brief facts of the case, as averred by the petitioner are as follows:-(i) The petitioner-Sangam was formed long back for giving its voice on behalf of Sthanigars of the Temple, namely, Sri Dharbaanyeshwara Swamy Devasthanam (Sri Saneeswara Bhagavan Temple), Tirunallar and registered 2/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024in the year 2014. The 4th respondent-temple is a world renowned shrine and the same was under the management and control of forefathers. Though after independence from the French Government, the temple came under the control of Puducherry Government Hindu Religious Board, however, all the rights, privileges and duties of parambarai Stanigars are still in force and followed as on this date.(ii) The devotees from all over India and abroad visit the temple and there is a maragada lingam in the 4th respondent temple and there are about 100 panchloha idols worth more than several crores of rupees. In fact, various gold jewels for the deities are also kept in the temple worth about more than several Crores of Rupees. Since Maragadha Lingam is very precious rhombus, the same is kept separately in a safety vault chamber lying in the 4th respondent temple. Likewise, separate lockers are provided for keeping the above panchloha idols, gold jewels and the golden cros vahana idol in the 4th respondent temple and all the above lockers are kept in a separate chamber and there is a key for the same in the above chamber.(iii) The 5th respondent was appointed for doing the internal affairs by the forefather and the 4th respondent is paying a sum of Rs.4,500/- per month to the Kattalai Tambiran swamy of the 5th respondent and further, the temple is providing paddy and other items to the Kattalai Tambiran Swamigal of the 5th respondent herein. After performing all the pooja ceremony for all the deities, temple would be closed and keys would be handed over to the 5th respondent 3/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024herein and in the early morning hours of the next day, the keys would be handed over to the staff of the 4th respondent-temple by the 5th respondent and it is the usual practice as per the order passed in A.S.No.426 of 1999. One temple staff and one security staff are staying in the Mutt. In fact, there is no CCTV camera installed inside or outside the mutt and the said Kandasamy Thambiran Swamy is in advanced age (85 years old)(iv) Since for the past 6 months there are about ten unidentified persons belonging to other states, who are no way connected to the Mutt are staying in the Mutt premises, therefore, there is every chance to stole the keys of the temple, which is in the custody of the said Kandasamy Thambiran and committing theft of Maragadha Lingam, valuable icons of deity and other gold jewels. Therefore, on 13.01.2024, a representation was sent by the petitioner to the respondent to remove the unidentified persons staying in the 5th respondent Mutt belonging to other State and install CCTV Camera both inside and outside the 5th respondent and to maintain a separate log book for collecting the details of all the persons visiting to the 5th respondent mutt and to prevent the unlawful elements from entering into the 5th respondent mutt, however, no action was taken. Further, on 11.05.2024, again a letter was sent to the respondents about the necessity to take speedy action in the matter and if speedy action is not taken, there is a chance of theft of the said Maragadha Lingam and other idols etc., Due to the inaction on their part, the petitioner has come up with the present petition. 4/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20243. The learned counsel for the petitioner would submit that even after receipt of the representation dated 13.01.2024, setting out the above facts and requesting to remove the ten unidentified persons staying in the 5th respondent Mutt and to install CCTV Camera both inside and outside of the mutt, the respondents have not taken any action. In addition to that, the petitioner has also requested to maintain a separate log book for collecting the details of all the persons visiting to the 5th respondent-Mutt and to prevent the unlawful elements from entering into the 5th respondent. Since the matter involves serious issue and also having severe threat of theft of the precious Maragadha Lingam (Phallus in Emeralad) valuable icons of deity and other gold jewels lying in the 4th respondent temple, no action was taken on the representation.4. Per contra, the learned Government Advocate (Puducherry) and the learned Public Prosecutor appearing on behalf of the respondents submitted that utmost protection is already persisting for the safety of the lockers and the said Kandasamy Thambiran is satisfactory. Further, all the safety lockers are double lock system, with one key available with Kandasamy Thambiran and the other key available with Executive Officer (Temples) must be operated at a time to open the locker, thereby pleaded to treat this petition as mallified one in which no specific action is needed and sought to dismiss the petition. 5/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20245. Heard the learned counsels on either side and perused the documents placed on record. 6. As far as handling of keys are concerned, as per Common Judgment passed in A.S.Nos.426 and 429 of 1999 dated 03.08.2012, the practice of keeping one set of keys for shrines, safes of valuables and hundials by Kattalai Thambiran was ordered to be continued. It is to be noted that all the safety lockers are double lock system, with one key available with Kandasamy Thambiran and the other key available with Executive Officer (Temples) must be operated at a time to open the locker. 7. Further, on going through the Proceedings of the 2nd respondent vide No.C13/PET-REPLY/SPN/KKL/2024-12 dated 23.07.2024 it is seen that on the representation of the petitioner, enquiry has been conducted with the temple authorities about the persons staying at Dharmapuram Adhinam Kattalai Mutt and it reveals that Mutt is a place for staying of any persons / public. The safety locker is located inside the temple which is under the 24X7 guarded by the temple security staffs and two Gurkhas cordon at the second pragaram. There are 30 number of CCTV cameras installed for surveillance in the temple, which are under the direct supervision of the 1st and 4th respondents. In addition to that an out post is functioning at the temple with armed IRBn police personnel who are posted at the main entrance (Raja Gopuram) of Sri Dharbaraneswara Swamy Temple.6/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20248. As far as the other allegation levelled by the petitioner that about ten unidentified persons belonging to other states, who are no way connected to the mutt are staying in the mutt premises and thereby there is every chance for the theft of the keys of the temple is concerned, the proceedings of the enqury would reveal that mutt is a place for staying of any persons / public.9. Considering the fact that Mutt is a place for staying of any persons / public and taking note of the fact that all the safety lockers are double lock system, with one key available with Kandasamy Thambiran and the other key available with Executive Officer (Temples), which must be operated at a time to open the locker are under the direct supervision of the 1st and 4th respondents and the fact that out post is functioning at the temple with armed police personnel who are posted at the main entrance (Raja Gopuram) of Sri Dharbaraneswara Swamy Temple, this Court is inclined to dispose of the present Writ Petition with the following directions:-(i) The keys of the Maragadalingam should not be given to any persons other than the person, who are entitled to handle the same.(ii) The Executing Officer in person shall handle the keys and not his/her associates.7/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024(iii) The Concerned authorities are directed to consider the representation of the petitioner dated 13.01.2024 and pass a detailed order within a period of four weeks from the date of receipt of copy of this order.(iv) Further, the person / outsiders, whoever is visiting the Madam or Mutt, shall first register themselves with Aadhar Card / proper Proof of Identification and can be permitted to stay in the Mutt but they cannot be permitted to move unauthorisedly in the mutt, particularly to the place where the keys are preserved. Consequently, connected miscellaneous petition is closed. No costs. 23.08.2024Index:Yes/NoInternet:Yes/NoSpeaking / Nonspeaking orderssdTo1. The District Collector and Special Officer (Temples) Sri Dharbaraneswar Swami Devasthanam Sri Saneswara Bhagwan Temple, Karaikal District, Puducherry 2. The Senior Superintendent of Police, Karaikal District, Puducherry State3. The Commissioner, Hindu Religious and Charitable Endowment Board, Puducherry4. The Executive Officer, Sri Darbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Thirunallar, Karaikal District Puducherry8/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 20245. Dharamapuram Adhinam Kattalai Tambiran Mutt at Tirunallar rep. By Kandhasamy Tambiran Swamy South Street, Tirunallar Karaikal District Puducherry.9/10 https://www.mhc.tn.gov.in/judis W.P.No.19881 of 2024V.BHAVANI SUBBAROYAN J.ssdW.P.No.19881 of 202423.08.202410/10