M.V.S.Rajendranth v. The Secretary To Thegovernment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12824 of 2017 and W.M.P(MD)No.9920 of 2017 M.V.S.Rajendranath .. Petitioner Vs.
1. The Secretary to Government, Tamil Development, Religious Endowment and Information Department, Secretariat, Chennai-09.
2. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli Region, Tirunelveli.
4. The Executive Officer, A/m Muthumalaiamman Thirukkovil, Mukkoodal, Ambasamuthiram Taluk,
5. The Executive Officer (Thakkar), Arulmigu Kasibanathar Swami Thirukkovil, Ambasamuthiram, Tirunelveli District.
6. The District Collector, Tirunelveli District, Tirunelvei.
7. The Superintendent of Police, Tirunelveli District, Tirunelveli.
8. The Inspector of Police, Mukkoodal Police Station,
9.D.S.A.Sivaprakasam 10.L.Panneer 11.P.V.Pitchumani 12.Ponraj 13.Pooraj 14.S.Shanmuganathan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents No.9 to 14 and also their men and agents and any other third parties from anyway interfering with the peaceful administration and other festival activities of the temple named Arulmigu Muthumalai Amman, situated at Mukkudal Village, conducting by the respondents 2 to 5 except under due process of law.
For petitioner : Mr.R.Sevugaraja Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader for R1 to R3 & for R.6 to R.8 : Mr.C.Ezhilarasu for R.4 : Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi for R.9 to R.14
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to restrain the respondents 9 to 14 from interfering with the peaceful administration of the temple by name Arulmigu Muthumalai Amman, situated at Mukkudal Village.
2. The Inspector of Police, Serious Crime Squad, Tirunelveli District submitted a status report indicating that the investigation is pending, pursuant to the complaint preferred by the Executive Officer.
3. We direct the Inspector of Police, Serious Crime Squad, Tirunelveli District, to complete the investigation as expeditiously as possible and lay a charge sheet, in case an offence is made out.
4. We direct the respondents 3 to 6 to ensure that there is no interference from third parties for the smooth administration of the temple in question by the Executive Officer. In short, it should be the endeavour of the respondents 3 to 6 to see that the
temple administration is conducted in a peaceful atmosphere without interference of third parties including the respondents 9 to 14. In case there is any unauthorised action by the respondents 9 to 14 or by others or collection of amount in an unauthorised manner by making use of the name of the temple, it is open to the Executive Officer to prefer a complaint to the police.
5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, Tamil Development, Religious Endowment and Information Department, Secretariat, Chennai-09.
2. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli Region, Tirunelveli.
4. The Executive Officer, A/m Muthumalaiamman Thirukkovil, Mukkoodal, Ambasamuthiram Taluk,
5. The Executive Officer (Thakkar), Arulmigu Kasibanathar Swami Thirukkovil, Ambasamuthiram, Tirunelveli District.
6. The District Collector, Tirunelveli District, Tirunelvei.
7. The Superintendent of Police, Tirunelveli District, Tirunelveli.
8. The Inspector of Police, Mukkoodal Police Station, +1cc to Mr.D.Nallathambi, Advocate in SR.No.66494 +1cc to The Special Government Pleader in SR.No.66943 ssl/sm AE/SKN RSK/SAR1/03.08.2017/4P/11C W.P.(MD)No.12824 of 2017 19.07.2017