A writ petition sought a mandamus directing the CBI to investigate theft of valuables from a temple idol. The court dismissed the petition, ruling that investigation and recovery lie with the Idol Theft Wing per prior Supreme Court and high court orders.
The prayer for issuing a writ of mandamus directing the CBI to investigate was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.NO.26080 OF 2019
S.Sridharan
... Petitioner in Person
Versus
Government of Tamil Nadu, Secretariat, Chennai – 600 009.
PRAYER:-
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing Central Bureau of Investigation or any other agency to investigate the offence of theft or valuables, recover the valuables stolen from underneath the peacock idol outside the sanctum sanctorum facing the moolavar in Arulmigu Subramaniya Swamy Temple, at Tiruchendur and take action against the culprits in accordance with law.
For Petitioner : Mr.S.Sridharan Party-in-Person
For Respondents : Mr.NRR.Arun Natarajan Special Government Pleader For R1 - R4
Mr.S.Sugendran Additional Public Prosecutor For R5
ORDER
(Order of the Court was made by R.MAHADEVAN, J.)
The prayer made in this writ petition is to issue a writ of Mandamus directing the Central Bureau of Investigation or any other agency to investigate and recover the valuables stolen from underneath the peacock idol outside the sanctum sanctorum facing the moolavar in Arulmigu Subramaniya Swamy Temple at Tiruchendur and take action against the offenders in accordance with law.
Similarly, it is believed that such valuables were kept underneath the peacock idols and nandi in the subject temple as well. While so, the petitioner received a letter dated 02.08.2019 from one of the devotees of the subject temple stating that the peacock idol and the precious stones and metals underneath the same, were illegally removed on the night of 06.08.2017. Pursuant to the same, he made a visit to the temple and was shocked to see that peacock idol facing the moolavar was without head. Feeling aggrieved, the petitioner sent a letter dated 08.08.2019 to the respondents requesting to take action against the offenders. Finding no response on the same, he has preferred this writ petition with the aforesaid prayer.
3. Heard both sides.
“6. Answering the questions (1) and (2), the Supreme Court held that the order of the State of Tamil Nadu, dated 01.08.2018 transferring the investigation to C.B.I. as invalid as it was passed pending the interim order of the stay granted by this Court. It also held that this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can appoint a Special Investigation Team and monitor the investigation. So as to effectively monitor, the Court had issued 10 directions constituting a Special Investigation Team to be part of the Idol Wing to be headed by the Special Officer and directing them to investigate the cases of Idol Theft and direction was also issued to the Central Bureau of Investigation and other central agencies to cooperate wherever necessary. The Supreme Court of India had considered each of the said ten directions and approved the directions of the High Court appointing Special Officer and Team and direction to the Idol Wing, headed by the Special Officer, to continue to investigate and file charge
sheet in respect of the pending cases as also the future cases and direction to the C.B.I and other agencies of the Central Government to continue to give appropriate support to the Special Officer and his team. It is useful to extract the relevant paragraphs and the judgment of the Hon'ble Supreme Court of India.
“75.4. By Direction 4 the High Court directed the Special Officer to investigate the cases thoroughly and submit all the reports before the Court to monitor the investigation. We have noticed that an Additional Director General of Police was appointed to head the Idol Wing by order dated 29-11-2018, it was not necessary for the High Court to burden itself with scrutinising each and every report and requiring each and every report to be submitted before the Court. There being a higher officer posted in the Idol Wing, progress and result of the investigation shall be submitted to the Additional Director General of Police of Idol Wing and report to the High Court may be submitted by the Special Officer only when any further directions are required from the High Court.
75.5. With regard to Direction 5, by this direction the Special Officer is directed to continue to not only investigate and file charge-sheets and prosecute in the pending cases but also to continue during his tenure. No exception can be taken.
75.6. Direction 6 which requires CBI and other agencies of the Central Government shall continue to give appropriate support to the Special Officer. No exception can be taken since CBI itself sent letter dated 19-9-2018 communicating its support.”
Hence, the investigation is to be made now in the manner directed by the Apex Court.
of idol with the help of the Home Department. The prayer was made ignoring the fact that the recovery of idols would be a part of investigation and pursuant to the order passed by this court, followed by the order of the Apex Court, investigation and all consequential action would be taken by the Officer nominated for it, i.e., the Idol Theft Wing. ”
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
dhk
To
AK-II(CO) PBS/06/05/2022
2 issues framed by the court
Whether a writ of mandamus can be issued directing the CBI to investigate the theft of valuables from a temple idol when investigation is governed by prior Apex Court and High Court orders.
Whether the recovery of theft items from a temple idol is a function of the CBI or the Idol Theft Wing under specific judicial directions.
Colour shows how this judgement treated each authority
State of Tamil Nadu v. Elephant G.RajendranFollowed¶29
State of Tamil Nadu v. Elephant G.Rajendran, (2019) 14 SCC 29 · Who else cites this
S. Sridharan
Chief Secretary to Government, Government of Tamil Nadu
Secretary to Government, Tourism, Culture and Religious Endowments Department
Commissioner, HR & CE Department
Secretary to Government, Home Department
Director General of Police
R. MAHADEVAN
P.D. AUDIKESAVALU
As recorded by the court registry
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