Villager sought direction to HR&CE authorities to inspect a temple and return nineteen idols held in safe custody during renovation. Authorities agreed to consider his representation; the Court disposed of the writ petition directing them to decide it on merits within four weeks with safety safeguards.
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W.P. No.10144 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM:
THE HON'BLE MR. JUSTICE M.DHANDAPANI
W.P. No.10144 of 2018
P. Sridhar
... Petitioner
Versus
... Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 08.06.2017 either to inspect the temple namely Sri Kodanadaramaswamy temple at Saliperi Village or to return the nineteen idols which are in the custody of the 1st respondent at Thiyagaraya Swamy Temple at Thiruvarur.
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For Petitioner : Mr.S.L. Sudharsanan
For Respondents
: Mr.L. Baskaran Govt. Advocate (Crl. Side) for R3 Mr.S. Ravichandran Addl. Govt. Pleader (HR & CE) for R1 & R2
ORDER
This writ petition has been filed for Mandamus seeking for a direction to the 1 st respondent to consider the petitioner's representation dated 08.06.2017 either to inspect the temple namely Sri Kodanadaramaswamy temple at Saliperi Village or to return the nineteen idols which are in the custody of the 1 st respondent at Thiyagaraya Swamy Temple at Thiruvarur.
2. It is stated that the petitioner is a resident of Saliperi Village and deity of Sri Kothathanda Ramaswamy Temple. It is further stated that renovation work was carried out at the said Temple. Hence, for the purpose of safety, 19 idols belongs to the said Temple was under the custody of the 1 st respondent and whenever Urchavams were conducted, the same was received and returned by the Villagers. Later, the petitioner along with other people of that Village submitted a joint representation to the 1 st respondent to inspect the Temple premises as well as sought for return of the 19 idols pertaining to the said Temple. Till date, the said
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representation was neither considered by the respondents, nor they returned the said idols. Hence, this writ petition.
3. Learned counsel for the petitioner submitted that renovation work
in the said temple was completed and therefore, it would suffice, if a direction is issued to the 1 st respondent to consider the petitioner's representation dated 08.06.2018 to return 19 idols belongs to the said temple. Hence, he prays for issuance of appropriate directions in the above regard.
4. Mr.S. Ravichandran, learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that for the purpose of safety alone, the idols were kept under the custody of the 1 st respondent. Hence, the petitioner's representation, dated 08.06.2018 will be considered
by the respondents and he has no objection for issuance of necessary directions in this regard.
5. In view of the fair submissions made by learned counsel on either side, without going into the merits of the case, this Court disposes of this writ petition by issuing direction to the respondents 1 and 2 to consider the petitioner's representation dated 08.06.2018 seeking for inspection and return of 19 idols of the said temple and pass orders on merits and in accordance with law. It is made clear that while conducting inspection, the
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respondents shall ensure safety provisions arranged for keeping the idols in the said temple. The said exercise shall be completed within a period of
four weeks from the date of receipt of a copy of this order. No costs.
05.09.2024
Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
To
M.DHANDAPANI, J.
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1 issue framed by the court
Whether the HR&CE authorities must consider the petitioner's representation for inspection of Sri Kodanadaramaswamy temple and return of 19 idols kept in their custody?
1 provisions across 1 enactments
P. Sridhar
Assistant Commissioner, Hindu Religious Endowment Board, Thiruvarur
Commissioner, Hindu Religious Endowment Board, Thiruvarur
Superintendent of Police, Thiruvarur District
A.G. Ponn Manickavel
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
