Disposed

People for Dharma Trust v. The Commissioner

Madras HC21 Feb 2024WP/123/2018

Case brief

AI extract

What is this about?

Public interest writ petitions sought directions to return temple idols kept in Icon Centres to their originating temples with proper worship and security. The petitioners confined relief to consideration of their pending representations. The court directed authorities to pass orders on those representations within eight weeks after hearing all parties.

What the court decided

AI extract

People for Dharma Trust Vs The Commissioner — Municipal and Town Planning | Madras HC (2024)

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W.P. Nos. 123 and 18791 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.02.2024

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CORAM

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THE HONOURABLE MR. JUSTICE R.MAHADEVAN AND

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THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU

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W.P. No. 123 of 2018 and W.M.P. Nos.173 to 176 of 2018 & W.P. No. 18791 of 2018 and W.M.P. No. 22139 of 2018

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W.P. No.123 of 2018:

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People for Dharma Trust 1G, Abiraami Apartments South Sector 1^st Street Adambakkam, Chennai 600088 Through its Trustee Mr. G.Aravindalochanan Petitioner

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The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Chennai – 600 034.

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The State of Tamil Nadu, represented by its Secretary Religious Endowments, Tamil Development and Information Department Chennai – 600 005 Respondents

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W.P. No.18791 of 2018: Elephant G. Rajendran Petitioner

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https://www.mhc.tn.gov.in/judis

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1/8

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W.P. Nos. 123 and 18791 of 2018

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The Chief Secretary Government of Tamil Nadu Secretariat, Chennai – 600 009

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The Secretary Hindu Religious and Charitable Endowments (HR & CE) Government of Tamil Nadu Secretariat, Chennai - 600 009

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The Commissioner Hindu Religious and Charitable Endowments (HR&CE) Nungambakkam Chennai – 600 034

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The Inspector General of Police Idol Theft Wing CID Old SIPCOT Building Industrial Estate Guindy Chennai – 600 032 Respondents

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Prayer in W.P. No.123 of 2018:

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Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the first respondent to return the icons from the Icon Centers to the local temples from which they were brought to the Icon Centers after strengthening the safety and security of the local temples.

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Prayer in W.P. No.18791 of 2018:

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Writ Petition filed under Article 226 of the Constitution of India praying to issuance of writ of mandamus directing the respondents and the Idol Wing CID to release all the idols now housed in the Icon Centres and install the same in the temple / place from where they were brought.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 123 and 18791 of 2018

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W.P. No. 123 of 2018:

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For petitioner Mr. S.Sridharan For respondents Mr. N.R.R.Arun Natarajan Special Government Pleader (HR&CE)

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W.P. No. 18791 of 2018:

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For petitioner Mr. Elephant G.Rajendran Party-in-person For RR 1 to 3 Mr. N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For R4 Mr.Muniapparaj, APP

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COMMON ORDER

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(made by R.MAHADEVAN, J.)

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Heard all the parties and perused the materials placed on record, apart from the pleadings of the parties.

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2 The gist of the relief sought in these writ petitions being identical, they are considered and decided by this common order.

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3 The sum and substance of the grievance of the petitioner in W.P.No.123 of 2018, which is a public interest litigation, is that the idols of

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 123 and 18791 of 2018

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deities for which worship is not offered and which do not have sufficient protection in the respective temples are housed in Icon Centres, where, the said idols are not handled in the way they are required to be, and hence, the idols kept in the Icon Centres, have to be installed in the respective temples from where they were taken and sufficient security also is to be provided to the said temples.

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4 The gist of the grievance of the petitioner in W.P. No.18791 of 2018 is that the idols of deities housed in the Icon Centres numbering 15 are not subjected to performance of pooja, owing to which, they tend to lose their power and sanctity and hence, the idols of deities housed in the Icon Centres should be kept back in the respective temples from where they were taken.

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5 Though these two writ petitions have been filed seeking the aforesaid reliefs, today, when these writ petitions were taken up for hearing, the learned counsel for the petitioner in W.P. No.123 of 2018 and the petitioner in W.P.No.18791 of 2018 submitted that it would suffice, if the representations dated 12.12.2017 and 10.03.2018 respectively, are considered and orders passed by the authorities concerned, within a time fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 123 and 18791 of 2018

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6 Considering the limited scope of the relief sought herein, the

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authorities concerned are directed to pass appropriate orders on the aforesaid representations dated 12.12.2017 and 10.03.2018, in accordance with law, of course, after hearing all the parties concerned and further, the competent authorities are directed to act upon in pursuance of the orders to be passed by the authorities concerned. It is made clear that the entire exercise, as aforesaid, shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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7 With the above direction, these writ petitions stand disposed of. No

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costs. Consequently, the connected Miscellaneous Petitions are closed.

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(R.M.D., J.) (P.D.A., J.)

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21.02.2024

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Index: Yes / No Speaking order/ Non-speaking order Neutral Citation: Yes / No

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Maya/cad

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 123 and 18791 of 2018

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The Secretary Department of Tamil Development Culture, Religious Government of Tamil Nadu Endowments & Information Secretariat Fort St. George Chennai – 600 009

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The Commissioner Hindu Religious and Charitable Endowments Department Uthamar Gandhi Salai Nungambakkam Chennai – 600 034

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The Assistant Commissioner Hindu Religious and Charitable Endowments Department Namakkal

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The Director – Monuments The Archaeological Survey of India Janpath New Delhi

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The Superintending Archaeologist The Archaeological Survey of India Chennai Circle Fort St. George Chennai

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The Comptroller and Auditor General of India O/o. Comptroller Audit General 9, Deen Dayal Upadhyay Marg New Delhi – 110 124

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The Chief Secretary Government of Tamil Nadu Secretariat, Chennai – 600 009

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 123 and 18791 of 2018

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The Inspector General of Police Idol Theft Wing CID Old SIPCOT Building Industrial Estate Guindy Chennai – 600 032

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The Chief Secretary Government of Tamil Nadu Secretariat, Chennai – 600 009

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The Inspector General of Police Idol Theft Wing CID Old SIPCOT Building Industrial Estate Guindy Chennai – 600 032

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https://www.mhc.tn.gov.in/judis

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7/8

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W.P. Nos. 123 and 18791 of 2018

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R.MAHADEVAN, J.

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and

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P.D.AUDIKESAVALU, J.

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Maya/cad

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Common order in W.P. Nos.123 and 18791 of 2018

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21.02.2024

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https://www.mhc.tn.gov.in/judis

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People for Dharma Trust v. The Commissioner

Case brief

What is this about?

What the court decided

People for Dharma Trust v. The Commissioner

Case brief

What is this about?

What the court decided

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