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2019 Supreme(SC) 436

ASHOK BHUSHAN, K.M.JOSEPH
State of Tamil Nadu – Appellant
Versus
Elephant G. Rajendran – Respondent


Advocates Appeared:
For Appellant(s) : Mr. Balaji Srinivasan, AAG Mr. Vinodh Kanna B., AOR Ms. Pallavi Sengupta, Adv. Mr. Valarmathi S., Adv.
For Respondent(s): Mr. Gagan Gupta, AOR Mr. R. Anand Padmanabhan, Adv. Ms. Amritha Sarayoo, Adv. Mr. Romil Pathak, Adv. Mr. Prawal Chaturvedi, Adv. Mr. Aravind C., Adv. Mr. Shashi Bhushan Kumar, AOR Mr. Mohan Parasaran, Sr. Adv. Mr. Ashwin Kumar D.S., Adv. Mr. D. L. Chidananda, AOR Mr. Anil Nishani, Adv. Mr. R. Sathish, AOR Mr. K. V. Vijayakumar, AOR Ms. Vrinda Grover, Adv. Dr. Anindita Pujari, Adv. Mr. Ratna Appendar, Adv. Ms. Aarti Krupa Kumar, Adv. Mr. Soutik Banerjee, Adv.

JUDGMENT :

ASHOK BHUSHAN, J.

Leave granted.

2. The State of Tamil Nadu alongwith its functionaries have filed these appeals against the common judgment dated 30.11.2018 passed by the High Court of Madras in Writ Petition Nos. 20392 and 20963 of 2018 filed by the respondents as PIL (Public Interest Litigation).

3. Tamil Nadu is a State, which is known for its majestic temples, its rich culture and heritage. Idols consecrated in its various temples have their own significance, rich heritage and some of the idols dates back to 1500 to 2000 years back. There have been several instances for theft of precious idols and artefacts in the State of Tamil Nadu, which alarmed the State Government. The State Government vide its G.O.Ms. No. 2098, Home(Pol-IV) Department dated 07.10.1983 formed an Idol Wing of Crime Investigation Department (CID). The temples in Tamil Nadu are administered under the enactment namely, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “Act, 1959”). Hindu Religious and Charitable Endowments Department (hereinafter referred to as “HR & CE Department”) of the State controls and administers various temples in the State. The HR & CE













































































































































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