Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J.
T. Sasikumar - Appellant
Versus
The State of Tamilnadu, Represented by its Secretary, Chennai & Others - Respondent
W.P. No. 12218 of 2022 & W.M.P. No. 11668 of 2022
Decided On : 06-05-2022
Writ Petition - Arulmighu Permanar Temple - HR&CE Act, 1959, Section 54(1) - The court discussed the proceedings of the Joint Commissioner, HR&CE, Cuddalore dated 20.04.2022, which concluded that the respondents 6 to 10 have no right over the subject temple. The court permitted the petitioner to submit a representation for the relief sought in the writ petition to the 3rd respondent, who is a competent authority, within a period of two weeks from the date of receipt of the court's order. The 3rd respondent was directed to consider the same and pass appropriate orders, after issuing due notice to all the parties, as expeditiously as possible.
Fact of the Case:
The petitioner sought a writ of mandamus to open Arulmighu Permanar Temple, claiming that the private respondents were preventing regular worship, poojas, and festivals, despite the proceedings of the Joint Commissioner, HR&CE, Cuddalore dated 20.04.2022, which concluded that the respondents 6 to 10 have no right over the subject temple.
Finding of the Court:
The court permitted the petitioner to submit a representation for the relief sought in the writ petition to the 3rd respondent, who is a competent authority, within a period of two weeks from the date of receipt of the court's order. The 3rd respondent was directed to consider the same and pass appropriate orders, after issuing due notice to all the parties, as expeditiously as possible.
Issues: The main issue was the prevention of regular worship, poojas, and festivals at Arulmighu Permanar Temple by the private respondents, despite the proceedings of the Joint Commissioner, HR&CE, Cuddalore dated 20.04.2022, which concluded that the respondents 6 to 10 have no right over the subject temple.
Ratio Decidendi: The court directed the petitioner to submit a representation for the relief sought in the writ petition to the 3rd respondent, who is a competent authority, within a period of two weeks from the date of receipt of the court's order. The 3rd respondent was directed to consider the same and pass appropriate orders, after issuing due notice to all the parties, as expeditiously as possible.
Final Decision: The writ petition was disposed of with the direction for the petitioner to submit a representation for the relief sought to the 3rd respondent, who was directed to consider the same and pass appropriate orders, after issuing due notice to all the parties, as expeditiously as possible.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a WRIT OF MANDAMUS or any other appropriate Writ, order or direction, directing the respondents 1 to 4 to open the Arulmighu Permanar Temple situated in Varagoor Village, Thiruvaiyaru Taluk, Thanjavur District forthwith by considering the order passed by the Joint Commissioner of HR & CE, Cuddalore in his proceedings in Se.Mu.Na.Ka.No.4301/2021/A4 dated 20.04.2022 to conduct regular worships, poojas and festivals.)
1. The prayer made in this writ petition is to issue a writ of mandamus, directing the respondents 1 to 4 to open Arulmighu Permanar Temple situated in Varagoor Village, Thiruvaiyaru Taluk, Thanjavur District forthwith by considering the order passed by the Joint Commissioner, HR & CE, Cuddalore, vide his proceedings bearing Se.Mu.Na.Ka.No.4301/2021/A4 dated 20.04.2022 to conduct regular worship, poojas and festivals.
2. The petitioner claims that the subject temple, viz., Sri Paramanar Temple is the tutelary deity to him as well as his community people. The petitioner's community people performed kumbabisekam on 23.08.1971 and 25.02.1991 and stone inscription was also found. However, the respondents 6 to 10, who are not hereditary trustees and have no connection with the said temple in whatsoever manner, claimed right over the same and committed several illegal acts, caused disturbance and intervention to the administration of the temple and prevented the public from worshipping, offerings and conducting poojas to the same. In order to curb the same, the Government appointed the Executive Officer (Thakkar) for the said temple, vide G.O.(Ms).No.92 Tourism, Culture and Religious Endowments (R.E.3-1) dated 08.09.2020.
3. Challenging the aforesaid G.O., the private respondents 6 to 10 filed W.P.No.13527 of 2020, in which, this court granted an interim order on 05.10.2020, which reads as under:
“5.The impugned order dated 08.09.2020, does not refer to any show cause notice having been isused to the petitioner. There is thus, prima facie violation of the principles of natural justice.
6.Interim stay till the next day of hearing.”
4. Thereafter, the said interim order was modified on 23.11.2020 and the relevant passage of the same is extracted below for ready reference:
“4.Interim orders granted on 05.10.2020 and extended on 06.11.2020 are extended till 06.01.2021.
5.It is made clear that a status quo as of today shall be maintained in regard to all activities of constructions or demolition until further orders of this court. It is also made clear that there shall be no impediment posed to the carrying on of worship by devotees. All rituals, poojas and offerings must go on as usual.”
5. Despite the aforesaid order, the private respondents are continuing their illegal acts by closing the temple and they have not open the sanctum sanctorum to do all the worships, poojas and offerings, thereby causing much hardship to the general public. Further, they have also damaged the old temple, particularly stone inscription. This Court, taking note of such illegal acts committed by the private respondents, passed an order on 06.01.2021 in WP.No.13527 of 2020, in the following terms:
"1. Allegations are made by the respondents to the effect that the petitioners are preventing the conduct of regular pooja and also keeping the Garbagraham closed and thus preventing devotees from taking darshan. This is strongly objected to by the petitioner.
2.In such circumstances, I have no choice but to ask for an independent enquiry to be conducted. All learned counsels suggest that the enquiry be conducted by Mr.R.Eilayaraja, Assistant Commissioner of HR&CE, Kumbakonam and Mayiladuthurai (i/c).
3.Mr. Eilayaraja is thus directed to visit the temple premises i.e. Varagur Sri Venkatesa Perumal & Connected Temples in Varagur Village which are (i) Sri Mahakailasanathaswamy Koil, the Sivan Koil of the Village (ii) Sri Peramanar Koil, and (iii) Sri
Appointment of a Fit Person to manage the temple and ensure worship by all clan members.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
