Petitioner filed writ petition under Article 226 seeking direction to secure jewels and a statue allegedly worth 300 crores from a temple. Court found petitioner's allegations unsupported by proof and temple registry showed no such property, dismissing the petition.
Writ petition dismissed with no order as to costs.
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W.P.(MD)No.4637 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022 CORAM: THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No.4637 of 2020
T.Muthukumarasamy .. Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments, 122, Nungambakkam High Road, Nungambakkam, Chennai-34. 2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.
4.The Executive Officer, Tiruvazhutheeswarar Temple, Earuvadi, Tirunelveli District.
5.The Superintendent of Police, Tirunelveli District, Tirunelveli.
6.The Inspector of Police, Earuvadi Police Station, Tirunelveli District.
Chandiran Pillai .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 4 to secure jewels and Emerald Vinayagar Statue (Maragatha Vinayagar) Worth about 300 Crores of Arulmigu Angala Parameshwari Amman situated at Pothaiyadi, Earuvadi Village, Tirunelveli District and ensure its safe custody and utilization of the same at the every Maha Shivarathiri Poojas of Arulmigu Angala Parameshwari Amman.
For Petitioner : Mr.V.Angusamy For R-1 to 3, R5 and 6 : Mr.P.T.Thiraviam Government Advocate For R-4 : Mr.C.Gunaseelarupan For R-7 : Mr.R.Balakrishnan
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ORDER
This writ petition has been filed seeking for a mandamus to direct the respondents 2 to 4 to secure the jewels and Emerald Vinayagar Statue (Maragatha Vinayagar) Worth about 300 Crores of Arulmigu Angala Parameshwari Amman situated at Pothaiyadi, Earuvadi Village, Tirunelveli District and ensure its safe custody and utilization of the same at the every Maha Shivarathiri Poojas of Arulmigu Angala Parameshwari Amman.
2.The petitioner earlier had sent a representation to the second respondent/ the District Collector, Tirunelveli District, and a copy marked to the temple authorities and the fourth respondent/Executive Officer. From his representation, it is seen that the temple was formed 450 years back by one Gurunatha Sithar of Thuzhuva Velalar Community. While forming the said temple, the then ruler of Thiruvidangur Samasthanam had gifted land measuring to an extent of 1000 acres in between S.No.921 to 1071 and in between 384 to 484 and thereafter, they had gifted Gold jewels, Diamond jewelries and Emerald Vinayagar Statue (Maragatha vinayagar) worth about 300 crores. This temple was administered by one Mr.Nambiyapillai and four others. Now, the petitioner finds that a valuables gifted to the temple is no more available in the temple. The temple was previously administered by the seventh respondent and his family members and also the Executive Officer. Hence, they are responsible and answerable for the lands and jewelries of the temple. Thereafter, the petitioner had also lodged a complaint before the Superintendent of Police. Since no action has been taken, he had filed the present writ petition.
3.The learned counsel appearing for the seventh respondent submitted that he has never been administering the temple and he was only a Kaddalaikarrar of the temple and he had passed away on 12.07.2021. The allegations made by the petitioner are imaginary, without any tangible materials, false made allegations against him.
4.The learned counsel appearing for the fourth respondent filed his counter, given details about the temple property whatever property available as per the records are recorded, available in handing over and taking over charges proceedings, the list available in the temple as well as with the concerned authorities. He further submitted that Arulmigu Maadhankovil @ Angala Parameswari Temple situated at Ervadi, Nanguneri Taluk, Tirunelveli District is a sub temple of Arulmigu Thiruvazhudeeswarar Temple, Ervadi, Nanguneri Taluk, Tirunelveli District, since the year 1932. The said temple is a Hindu Public Religious Institution under the administrative and supervisory control of the Hindu Religious and Charitable Endowments Department as per the provisions under Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The Temple is functioning.
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5.The counter filed by the fourth respondent is extracted hereunder:
“4.I further submit that Arulmigu Maadhankovil @ Angala Parameswari Temple situated at Ervadi, Nanguneri Taluk, Tirunelveli District is a sub temple of Arulmigu Thiruvazhudeeswarar Temple, Ervadi, Nanguneri Taluk, Tirunelveli District since the year 1932. The above temple is a Hindu Public Religious Institution under the administrative and supervisory control of the Hindu Religious and Charitable Endowments Department as per the provisions available under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, (Tamil Nadu Act XXII of 1959) (Amended from time to time) (Herein after called as Act).
5.I respectfully submit that para 2 of the affidavit is strictly denied that Arulmigu Angala Parameswariamman Temple was formed by One Gurnatha Sithar of Thuzhuva Velalar Community and the petitioner is put to strict proof of the same.
6.I humbly submit that para 3 of the affidavit also strictly denied that the then ruler of Thiruvidangur Samasthanam had granted 1000 Acres of lands to the above temple. But, the temple does not have any landed property and the petitioner is put to strict proof of the same.
7.I respectfully submit that para 4 of the affidavit is also strictly denied that the temple owns Gold Jewels, Diamond and Emerald Vinayagar Statue worth about 300 crores. The writ petitioner is telling cock and bull story and the fact is the temple does not have any valuables like Gold, Diamond and Emerald. The petitioner is put to strict proof of the same. As per the temple records the temple has no valuables and Maragatha Vinayagar Statute and it is an imaginary picture created by the writ petitioner.
8.I humbly submit that para 5 of the affidavit is also denied that Gold jewels and Gold articles would be used at the time of Mahasivarahtiri and the Poojas would be performed for the Maragatha Vinayagar at the time of Mahasivarathiri and thereafter the statue will be kept in the safe custody of the temple. This is also an imaginary
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story created by the petitioner and the temple does not have any Gold articles and Maragatha Vinayagar.
9.I respectfully submit that Para 6, 7, 8 and 9 of the affidavit are also strictly denied that the above temple had been administered by Mr.Nambiyapilai, Chellaiah Pillai and Chandran Pillai and there was a dispute between the rival group 70 years back and the Gold articles and Maragatha Vinayagar were handed over to the HR and CE Department and till dated the temple owns the above properties. In his affidavit, the writ petitioner, repeatedly stating that the temple owns Gold Jewels and Emarald Vinayagar, but it is his imaginary story and he has to prove the same with documentary evidences.
10.I respectfully submit that prior to the present executive officer of the above temple, the following executive officers have administered the temple:
| Sl. No. | Name of the Executive Officers |
Period of the |
Service temple |
in |
|---|---|---|---|---|
| 1. | A.Ponni | Upto 02.06 | .2018 | |
| 2. | R.Rambabulal | 03.06.2018 22.01.2019 |
to | |
| 3. | S.Murugan | 23.01.2019 10.02.2020 |
to | |
| 4. | M.Mareeswari | 11.02.2020 date |
to | till |
11.I Further submit that at the time of charge taken and handed over by the above Executive Officers, there was no Gold or Jewels and Valuables in the temple. It is humbly submit that since there is no Gold or other valuables in the above temple and hence, no necessity has arisen to adorn ornaments to the deity at the time of Mahasivarathiri and there is no festival in the temple at the time of Sivarathiri. The statement of the petitioner is utter false and the temple does not have any valuables as well as Maragatha Vinayagar and hence there is no iota of truth in writ petition and it is liable to dismissed.
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6.Mr.P.T.Thiraviam, learned Government Advocate appearing for the respondents 1 to 3, 5 and 6 submitted that the temple does not own any landed property as per the Property Register. He further submitted that the petitioner's complaint seems to be with an ulterior motive, who sent the representation and thereafter, he filed the present petition. The allegations made against the seventh respondent is imaginary, motivated whatever properties available in the temple are recorded in the Property Register of the temple and the temple is administered as per the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
7.On perusal of the materials, this Court finds that the petitioner's allegation are, without any proof. Now the temple is under the control of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, property valuables are recorded in the Property Register. From the documents submitted by the Executive officer, it is seen that the temple does not have any landed property and jewelries as alleged in the complaint of the petitioner.
8.In view of the above, this Court finds no merits to entertain this petition. Hence, this writ petition is dismissed. There shall be no order as to costs.
Assistant Registrar(CS-I)
// True Copy //
/06/2022 Sub Assistant Registrar(CS)
Vsg
To:
1.The Commissioner,
Hindu Religious and Charitable Endowments, 122, Nungambakkam High Road, Nungambakkam,
Chennai-34.
2.The District Collector, Tirunelveli District, Tirunelveli.
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W.P.(MD)No.4637 of 2020
4.The Superintendent of Police, Tirunelveli District, Tirunelveli.
5.The Inspector of Police, Earuvadi Police Station, Tirunelveli District.
+1 CC to M/s.C.GUHASEELARUPAN, Advocate ( SR-24347[F] dated 07/06/2022 )
+1 CC to M/s.V.ANGUSAMY, Advocate ( SR-24511[F] dated 08/06/2022 )
+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-24627[F] dated 08/06/2022 )
+1 CC to M/s.SPL.GP ( SR-24596[F] dated 08/06/2022 )
W.P.(MD)No.4637 of 2020
07.06.2022
NSN(CO) KB(22.06.2022) 6P 10C
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2 issues framed by the court
Whether the petitioner has established prima facie case to show that temper does not have jewels or Emerald Vinayagar Statue worth 300 crores.
Whether writ jurisdiction can be exercised to direct respondents to secure valuables from a temple lacking documentary proof of their existence.
2 provisions across 2 enactments
T. Muthukumarasamy
The Commissioner, Hindu Religious and Charitable Endowments
The District Collector, Tirunelveli District
The Joint Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli
The Executive Officer, Tiruvazhutheeswarar Temple, Earuvadi
The Superintendent of Police, Tirunelveli District
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
