A.Sambath Kumar v. The District Magistrate Cum District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18302 of 2021 A.Sambath Kumar ..Petitioner

Versus

1. The District Magistrate Cum District Collector Collectorate, Salam.

2. The Divisional Magistrate cum Revenue Divisional Officer, Attur Town & Taluk,

3. The Executive Magistrate cum Tahsildar Thalaivasal Taluk Office,

4. The Superintendent of Police,

5. The Deputy Superintendent of Police Attur Taluk & Town,

6. The Inspector of Police, Thalaivasal Police Station, Thalaivasal Taluk, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure directing the respondents 1 to 3 to lock and seal the temples namely Kalahatheswara swamy temple and Varatharaja perumal temple which is situated in Vadakumarai Village, Thalaivasal Taluk Salem District and not permit any public to worship the temple until disposal of the peace committee proceedings dated 17.09.2021 made in Na.Ka.No.917/2021/A1 on the file of the 3rd respondent. For Petitioner :

Mr.A.Rajakumar For Respondents :

Mr.R.Vinothraja Government Advocate(crl.side)

ORDER

This petition has been filed seeking for a direction to the respondents 1 to 3 to lock and seal the temples namely Kalahatheswara swamy temple and Varatharaja perumal temple which is situated in Vadakumarai Village, Thalaivasal Taluk Salem District and not permit any public to worship the temple until disposal of the peace committee proceedings dated 17.09.2021 made in Na.Ka.No.917/2021/A1 on the file of the 3rd respondent.

2. The learned Government Advocate (Crl.side) submitted that there is a dispute with regard to worship between various community people and therefore the matter has been referred to Revenue Divisional Officer for conducting enquiry and the same is pending. He further submitted that the above temples are listed temples, which comes under Hindu Religious & Charitable Endowment Department.

3. In view of the same, the petitioner is directed to approach the Assistant Commissioner of HR & CE,Salem for appropriate remedy.

4. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar arr To

1. The District Magistrate Cum District Collector Collectorate, Salem.

2. The Divisional Magistrate cum Revenue Divisional Officer, Attur Town & Taluk,

3. The Executive Magistrate cum Tahsildar Thalaivasal Taluk Office,

4. The Superintendent of Police,

5. The Deputy Superintendent of Police Attur Taluk & Town,

6. The Inspector of Police, Thalaivasal Police Station, Thalaivasal Taluk, 7.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18302 of 2021 PL(CO) SB(15/12/2021)