Thirmanmalai Thirumal Thiruppani v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.27673 of 2022 Thirumanmalai Thirumal Thiruppani Paripalana Trust, represented by its Managing Trustee Mr.Varadharajan .. Petitioner Vs
1. The Superintendent of Police, Tirupattur, Tirupattur District.
2. The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.
3. The Joint Commissioner, HR&CE Department, Vellore
4. The Joint Commissioner, HR&CE Department, Tirupathur
5. V.Rajendiran
6. M. Shanthi
7. P.S.Bhaskar .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to give police protection to the petitioner society for the proper 1/6
management and administration of Arulmighu Chennakesava Perumal Swamy, Govindaraja Perumal Swamy, Vinayagarswamy, Panchamuga Anjaneyar Temple and Maniiundramalai, Perampattu Village, Tirupattur Taluk and District.
For Petitioner : Mr. R. Rajarajan For Respondents : Mr. S. Santhosh Govt. Advocate (crl.side)
ORDER
This writ petition has been filed in the nature of Mandamus, seeking a direction to respondents 1 and 2 to render police protection to the petitioner society for the proper management and administration of Arulmighu Chennakesava Perumal Swamy, Govindaraja Perumal Swamy, Vinayagarswamy, Panchamuga Anjaneyar Temple and Maniiundramalai, Perampattu Village, Tirupattur Taluk and District. 2.The learned Counsel appearing for the petitioner submitted that the petitioner is a Trust constituted for the administration of Arulmighu Chennakesava Perumal Swamy, Govindaraja Perumal Swamy, Vinayagarswamy, Panchamuga Anjaneyar Temple and Maniiundramalai, 2/6
Perampattu Village, Tirupattur Taluk. They filed an application before the Joint Commissioner, HR&CE Department in O.A.No.10 of 2012 for settlement of scheme of administration on the file of Joint Commissioner, HR&CE Department. The said application was allowed on 11.11.20212 affirming the tentative proposal for settlement of a scheme of administration to the said temple as per the draft scheme appended therein . Since no objection was received opposing such draft scheme, it has become final. Therefore, as per clause 3 of the draft scheme, the petitioner Trust has sent several representations to the respondent authorities to appoint non-hereditary trustee to the said temple, as per the direction of the HR&CE Department, however, as on date, no non-hereditary trustees were not appointed.
Whileso, taking advantage of the same, the respondents 5 to 7, who are third parties, which were no way connected to the temple's administration, are interfering with the administration of the Trust with an intention to grab the management of temple, thereby threatening to create law and order problems while conducting temple festivals. Having regard to the same, the petitioner trust sent a detailed representation to the respondents on 16.09.
until board of trustees have been constituted by HR&CE Department, however, till date, the same is kept pending without any orders being passed. Thus he prayed for appropriate direction.
3. The learned Govt. Advocate (crl.side) appearing for the respondent police submitted that as per the direction of the HR&CE Department, the non hereditary trustees to temple are not yet appointed and the petitioner is seeking police protection to temple's management and administration. He would further submit that, for conducting temple festival, they are ready to provide police protection to the temple festivals that is routinely given by them, but with regard to administration and management of temple, the petitioner trust has to work out its remedy before the appropriate forum.
4. Heard both sides and perused the materials available on record.
5. Perusal of records, it is seen that the Joint Commissioner, HR&CE, vide his order dated 11.11.2012 in O.A.No.10 of 2012 directed to appoint non-hereditary trustees. According to the petitioner, as on date, the trustees 4/6
were not appointed and in the said circumstances, the respondents 5 to 7, who are no way connected to the trust, are interfering with the administration of the temple and also threatening to create law and order problems while conducting festivals. Citing the above, a representation was given by the petitioner to respondent police on 16.09.2022, but the same is till date unattended to.
6. In view of the above, the 2nd respondent is directed to consider the representation of the petitioner dated 16.09.2022 and take suitable action on the same on merits and in accordance with law. If the persons not connected with the trust interferes with the management of the temple, the 2nd respondent is directed to provide protection for conducting temple festivals. 7.With the above directions, this writ petition stands disposed of. No costs.
17.10.2022 Index : Yes / No Internet : Yes/ No msr V. SIVAGNANAM, J.
msr To 5/6
1. The Superintendent of Police, Tirupattur, Tirupattur District.
2. The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.
3. The Joint Commissioner, HR&CE Department, Vellore
4. The Joint Commissioner, HR&CE Department, Tirupathur Note:Issue copy on 20.10.2022 W.P.No.27673 of 2022 17.10.2022 6/6