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2024 Supreme(Online)(MAD) 22611
HIGH COURT OF MADRAS
Honourable Mrs Justice V.BHAVANI SUBBAROYAN
Hereditary Sthanigars Society – Appellant
Versus
The District Collector and Special Officer – Respondent
Court reiterated that even public premises must ensure security without impeding lawful access, emphasizing the balance between safety and public accommodation.
Headnote:
Security - Writ Petition - Act Section List - The court emphasized the necessity of security measures for safeguarding valuable temple assets, interpreted existing management protocols, and mandated government action on safety concerns while upholding the Mutt as a public lodging place.
Fact of the Case:
The petitioner sought a writ of mandamus for action on representations regarding the installation of CCTV cameras and preventing outsiders from staying in a temple Mutt, citing risks to valuable temple items due to unidentified occupants.
Issues: Whether the failure to act on the petitioner's representation regarding installing CCTV cameras and managing visitor access constituted negligence in protecting temple assets.
Ratio Decidendi: The court ruled that existing measures were sufficient but required authorities to formalize procedures for managing visitor stays and access to keys safeguarding valuable temple items.
Final Decision: The Writ Petition was dismissed with directions on authority protocols for key management and visitor registrations.
O 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 in 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 herein 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.
3. 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 rem
