Madras High Court
S.Pakshi Sivarajan vs State Of Tamil Nadu
Author: K.K.Sasidharan
Bench: K.K.Sasidharan, P.D.Audikesavalu
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on Delivered on
30.01.2019 18.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.(MD) No.915 of 2016
S.Pakshi Sivarajan ... petitioner
versus
1.State of Tamil Nadu,
rep. By its Secretary,
Hindu Religious and Charitable Endowments Department ,
Fort St.George,
Chennai 9
2.The Commissioner,
Hindu Religious and Charitable Endowments,
Nungambakkam,
Chennai 34.
3.The Joint Commissioner/ Executive Officer,
Arulmigu Ramanatha Swamy Temple,
Rameswaram.
4.Fit Person of Board of Trustees,
Arulmigu Ramanatha Swamy Temple,
Rameswaram,
Ramanathapuram District ... Respondents
Writ Petition filed under Art.226 of the Constitution of India praying
for a Writ of Mandamus to conduct an enquiry in regard to the 13 item of
jewelery stated above stolen/missing from the temple of A/m Sri
Ramanathaswamy Rameswaram and also retrieve them and consequently,
direct suitable action to be taken against the officials and persons
responsible for the same.
For petitioner : Mr.Balasubramania Iyer
http://www.judis.nic.in
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For Respondents : Mr.S.Ramesh,
for Mr.V.Raghavachari,
for respondents 3 and 4
Mr.A.K.Baskara Pandian, Spl.G.P.,
for 1 and 2.
ORDER
K.K.SASIDHARAN, J.
Introductory :-
The earlier Writ Petition filed by the petitioner in W.P.No.23256 of 2015 before this Court complaining that the idols are in bad shape and gold ornaments are missing and to restrain the temple administration from conducting Maha Kumbabishegam without restoring / replacing / repairing the idols, was dismissed by the Division Bench by order dated 7 January 2016. The present Writ Petition is filed to conduct an enquiry in respect of 13 items of jewelery stated to have been missing from Sri. Ramanathaswamy Temple at Rameswaram.
The facts:-
2. The petitioner is a resident of Rameswaram. The petitioner has come up with this Writ Petition in pro bono publico with a grievance that several ornaments adorned by the deity are missing. The petitioner has given the details of the 12 items, which according to him are not presently found in the temple. The petitioner has given a representation on 16 http://www.judis.nic.in -3- December 2015 for taking action, indicating 12 items of missing jewelery. It is the case of the petitioner that those 12 items of jewelery were included in the property register of the year 1972. However, in the subsequent register of the year 1995, there was no mention about all these jeweleries. The petitioner has taken up a contention that the hand bell is missing from the shrine. Similarly, conch with inscription of Lord Umashankar, which is a unique piece, is also missing from the Moolavar Sannithi. According to the petitioner, altogether 13 items of jewelery are missing. The petitioner therefore seeks a direction to conduct a detailed enquiry with respect to the 13 items of missing jewelery.
3. The Joint Commissioner (Executive Officer), Rameswaram, has filed a counter affidavit in answer to the contentions taken in the affidavit filed in support of the Writ Petition. According to the third respondent, the Chief Sthapathi, attached to the Hindu Religious and Charitable Endowments Department visited the temple and inspected the ornaments pursuant to the direction given by this Court in W.P.No.23256 of 2015. The Chief Sthapathi certified that there was no damage or mutilation of the main idol of Shri Parvathavardhini. The Joint Commissioner indicated the availability of all the jewelery items. The Joint Commissioner denied the allegation with regard to other item viz., Hand bell. According to the Joint Commissioner, hand bell was made only of silver and it was appraised as http://www.judis.nic.in -4- Item No.202/78. The Joint Commissioner challenged the maintainability of the Writ Petition on the ground that the Writ Petitioner has earlier filed Writ Petition in W.P.No.23256 of 2015 and it was dismissed by the Division Bench.
4. We have directed the Joint Commissioner to produce the register relating to the jewelery to verify as to whether the jeweleries were properly accounted for in the register.
5. We have heard the learned counsel for the petitioner and the learned Standing counsel for the temple.
Discussion:-
6. The main contention of the petitioner relates to the loss of 13 items of gold jewelery which includes the bell and the Sangu/Conch.
7. The petitioner earlier filed a Writ Petition in W.P.No.23256 of 2015 to restrain the temple authorities from performing Maha Kumbabishegam without restoring / replacing / repairing the idols. The said Writ Petition was dismissed by the Division Bench by order dated 7 January 2016. The reason for filing the said Writ Petition appears to be the inaction on the part of the temple authorities to repair and restore the items by adhering to the http://www.judis.nic.in -5- tenets. Even in the said Writ Petition, the petitioner alleged that several jeweleries were missing and certain idols were damaged deliberately. The Division Bench dismissed the Writ Petition along with another Writ Petition in W.P.No.23305 of 2015.
8. The core question is whether the 13 items of jewelery mentioned in the representation submitted by the petitioner are still available in the temple.
9. The Joint Commissioner in paragraph 6 of the counter affidavit indicated the present position of the jewelery.
We extract the relevant paragraph of the counter affidavit hereunder:-
Items mentioned by The present status of the items as per the jewel the petitioner and valuable (1st Appraisment Register 1950 and re-appraisement register, 1978) maintained by the temple.
a) Diamond Thali Appriased as S.No.180/50 and re-appraised as 101/1978 and is in the double lock
b) Diamond Bullakku The gemset bullaku appraised as S.No.43/50 and this item is melted on 31.08.1972 as per melted register page no.129 (Commissioner K.Dis No. 31972/71 dated 25.11.1971) and the gems are appraised in 1978.
c) Diamond Mukuthi Appriased as S.No.42/50 and this item is melted on 27.11.1973 as per melted register page no.139 (Commissioner mu mu.No.73193/73 dated 12.11.73) and the gems are appraised as 1808/78 http://www.judis.nic.in -6- Items mentioned by The present status of the items as per the jewel the petitioner and valuable (1st Appraisment Register 1950 and re-appraisement register, 1978) maintained by the temple.
d) Diamond necklace The diamond set attiyal appraised as no.36/50 and this item is melted on 04.12.1973 as per melted register page no.132 (commissioner Na.Ka.No. 42375/72 dated 21.11.1972) and the gems are appraised in 1978
e) Diamond head Diamond chutti appraised as S.No.55/50 and item is drop melted on 4.12.1972 as per melted register page no.132 (Commissioner Na.Ka.No42375/72 dated 21.11.1972) and the gems are appraised in 1978.
f) Sun and moon Appraised as S.No.56/50, the item is damaged. drop Reappraised as S.No.18/78. Safeguarded in double lock safety locker
g) golden Thalambu Appraised as S.No.38/50 and item is melted on 31.08.1972 as per melted register page no.129 (Commissioner k.dis No.31972/71 dated 25.11.71)
h) Emerald Thilak Appraised as S.No.40/50 and item is melted on 27.11.1973 as per melted register page no.139 (Commissioner mumu.No.73193/73 dated 12.11.73) and the gems are appraised as 180/78.
i) Blue stone thilak Appraised as S.No.44/50 and items is melted on 27.11.1973 as per melted register page no.139 (Commissioner mu mu.No.73193/73 dated 12.11.1973) and the gems are appraised as 180/78.
j) Diamond Bullakku Appraised as S.No.188/50, reappraised as S.No. 109/78, safeguarded double lock safety locker.
k) Diamond drop Diamond chutti appraised as S.No.115/50 and item is melted on 4.12.1972 as per melted register page no.132 (Commissioner Na.Ka.No.42375/72 dated 21.11.1972) and the gems are appraised in 1978.
l) Diamond chest Whole gold kavasam of Ambal is reappraised as cover 114/78 (194/50) seen in the register 1978. There is no diamond chest cover appraised in jewel and valuable register 1950 and 1978.
10. The jewelery available with the temple were subjected to appraisal in the year 1950. There was re-appraisal in 1978. The temple http://www.judis.nic.in -7- appears to have melted certain jewels and it was also shown in the relevant registers. The registers were duly certified by the concerned officials of the Hindu Religious and Charitable Endowments Department.
11. The petitioner has taken up a contention that the hand bell weighing 2 kg of gold was missing from the shrine. The Joint Commissioner in her counter affidavit contended that the bell is made up of only silver and it was apprised as item 202/78. It is the contention of the Joint Commissioner that the gold bell will not ring and produce sound and that was the reason for using the silver hand bell. There is no evidence before us to prove that there was such a hand bell, made up of gold, at any point of time.
12. The other contention of the petitioner appears to be the missing of conches. The Joint Commissioner in her affidavit indicated that conches are apprised as items nos. 40/78, 41/78 and 42/78. It was initially apprised as Items 110/50 and 111/50 in the year 1950. The conches are stated to be kept in the safety locker under double lock system.
13. The counter affidavit filed by the Joint Commissioner clearly indicates that there was no act of mismanagement of the jewels owned by the temple. The jewelery owned by the temple were all accounted for and http://www.judis.nic.in -8- they are shown in the register.
14. Since there was no reappraisal after 1978, we posed a question to the Joint Commissioner as to why such appraisals are not made periodically. The Joint Commissioner submitted that the post of Appraiser is vacant and as such, Hindu Religious and Charitable Endowments Department has not been conducting appraisal.
15. We direct the Commissioner, Hindu Religious and Charitable Endowments Department to appoint sufficient Appraisers immediately. The Appraisers must visit the major temples, taking into account its jewelery position. The Jewelery Register should be verified by the appraiser every year. The register must contain the signature of the appraiser and the Joint Commissioner/ Executive Officer of the concerned temple. Whenever there is a change of Joint Commissioner/Executive Officer, the register shall be updated and it should be signed by the relieving officers and the incoming Joint Commissioner/Executive Officer. The entire property of the temple, both movable and immovable, should be accounted for.
16. The Hindu Religious and Charitable Endowments Department is the custodian of the property of the temple. It should be the endeavour of the Hindu Religious and Charitable Endowments Department to ensure http://www.judis.nic.in -9- that the valuable jewelery is kept in tact. The Commissioner, Hindu Religious and Charitable Endowments must also maintain the register of the jewelery, diamond and other movable and immovable properties of each and every temple. There is no question of keeping such accounts only in the custody of the temple. The Hindu Religious and Charitable Endowments Department must cross check the records every year. The complaint of this nature could be avoided in case the appraisal register is verified and updated every year. In case it is found that any of the jewelery is missing, immediate action should be taken by the Hindu Religious and Charitable Endowments Department against all concerned.
17. We direct the Commissioner, Hindu Religious and Charitable Endowments Department to depute an Appraiser forthwith, to take inventory of the jewelery in the possession of Arul Mighu Ramanatha Swamy Temple, Rameswaram. The Register should contain the details of each and every jewelery, including its type, shape and weight. Copy of such inventory and register should also be handed over to the Commissioner, Hindu Religious and Charitable Endowments Department. Such exercise shall be completed on or before 31 May 2019.
18. The Joint Commissioner, Ramanatha Swamy Temple must ensure that there is no damage caused to the idol and the jewelery of the http://www.judis.nic.in -10- temple. The Hindu Religious and Charitable Endowments Department must fix responsibility on the concerned Executive Officer and the officers of the temple, in case it is found that valuables are lost or its value is diminished in any manner.
19. We direct the Commissioner, HR & CE Department and the Joint Commissioner, Ramanathaswamy Temple, to file an action taken report before the Registry to place it before the appropriate Bench as per roster.
20. The Writ Petition is disposed of with the above direction. No costs. Consequently, W.M.P.(MD) No.703 of 2016 is closed.
(K.K.SASIDHARAN, J.) (P.D.AUDIKESAVALU, J.) 18.03.2019 Index: Yes/no tar http://www.judis.nic.in -11- To
1.The Secretary, Hindu Religious and Charitable Endowments Department , Fort St.George, Chennai 9
2.The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai 34.
3.The Joint Commissioner/ Executive Officer, Arulmigu Ramanatha Swamy Temple, Rameswaram.
4.Fit Person of Board of Trustees, Arulmigu Ramanatha Swamy Temple, Rameswaram, Ramanathapuram District http://www.judis.nic.in -12- K.K.SASIDHARAN, J.
and P.D.AUDIKESAVALU, J.
(tar) Order in W.P.(MD) No.915 of 2016 18.03.2019 http://www.judis.nic.in