Madras High Court
The Executive Officer vs M.Vadivelu on 12 August, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
Cont.P(MD)No.676 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 20.07.2024
PRONOUNCED ON : 12.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Cont.P(MD)No.676 of 2024
The Executive Officer,
Arulmigu Viswanathaswamy Temple,
Sivakasi,
Sivakasi Taluk,
Virudhunagar District. .. Petitioner
v.
1.M.Vadivelu,
Tahsildar,
Taluk Office,
Sivakasi,
Virudhunagar District.
2.Surenthra Kumar,
Sub-Inspector of Police,
Thiruthangal Police Station,
Sivakasi Taluk,
Virudhunagar District.
3.R.Karuppasamy .. Respondents
[Cause Title accepted vide order dated 27.03.2024]
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Cont.P(MD)No.676 of 2024
PRAYER: Petition filed under Section 11 of the Contempt of Court Act to
punish the respondents for their willful disobedience of the orders of this
Court in WP(MD)No.18938 of 2023, dated 10.10.2023.
For Petitioner : Mr.V.R.Shanmuganathan
For Respondents : Mr.Raja Karthikeyan for R.1
Mr.C.M.Arumugam for R.2
*****
ORDER
Alleging willful disobedience of the order passed by this Court in WP(MD)No.18938 of 2023, dated 10.10.2023, the petitioner / Executive Officer of Arulmighu Viswanathaswamy Temple has filed this contempt petition.
2.In the said writ petition, the order of the Assistant Commissioner, HR & CE Department, Virudhunagar, dated 27.07.2023, appointing the Executive Officer of Arulmigu Viswanathaswamy Temple as the Fit Person of Arulmigu Shri Mariamman Temple, Tiruthangal, Sivakasi Taluk, was 2/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 put under challenge. This order dated 27.07.2023 was passed, pursuant to the order of the Joint Commissioner, HR & CE Department, Madurai, dated 31.05.2023. While entertaining that writ petition, this Court has passed an interim order permitting to file an appeal before the Commissioner, HR & CE Department, as against the order passed by the Joint Commissioner dated 31.05.2023. Finally, this Court has disposed of the writ petition in WP(MD)No.18938 of 2023, by order dated 10.10.2023, as under:-
“5. ... Since the petitioner has now challenged the order passed by the first respondent / Joint Commissioner dated 31.05.2023 before the Commissioner u/s.21 of the Act and the same is posted for hearing, this Court, without discussing about the allegations made on either side, dispose of this writ petition in the following terms:-
i) The petitioner shall work out his remedy in the revision petition filed by him before the Commissioner, Hindu Religious and Charitable Endowments Department, in R.P.No.392 of 2023.
ii) The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, is directed to conclude the proceedings in R.P.No.392 of 2023, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
iii) The third respondent / Fit Person shall take over the 3/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 management of the Temple from the Committee constituted by this Court by order dated 04.08.2023. The third respondent shall administer the Temple till the orders passed by the Commissioner in R.P.No.392 of 2023.
iv) The Hundial in the Temple is to be restored and the accounts have to be maintained properly. CCTV cameras have to be fixed to monitor the affairs of the Temple and the counting of Hundial collections.
v) The third respondent / Fit Person is expected to administer the Temple and it's properties with great care and caution. The respondents 1 & 2 shall monitor the functioning of the third respondent.
vi) The accounts opened by the Committee as per the earlier order of this Court shall be transferred in the name of the Temple.
vii) For any other relief, pending the revision petition, the parties shall move the Commissioner, Hindu Religious and Charitable Endowments Department, by filing appropriate petitions.”
3.While this being the position, the Tahsildar, Sivakasi, has convened a peace committee meeting on 14.03.2024 as to the affairs of Arulmigu Shri Mariamman Temple, wherein, the following resolution was passed:-4/20
https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 “1. brd;w Mz;L jpUtpHh eilbgw;wJ Bghd;Bw ne;j Mz;Lk; elj;jp Kof;f Btz;Lk;.
2. jpUf;Bfhtpy; epu;thfj;jhy; bra;ag;gLk; bghJr;bryt[fis brd;w Mz;il Bghy jpUf;Bfhtpy; epu;thfj;jpdBu ne;j Mz;Lk; ghh;j;Jf;bfhs;s Btz;Lk;.
3. me;je;j rKjhaj;ij Brh;e;j kz;lfgojhuhy; me;je;j rKjhaj;ij Bru;e;jtu;fsplk; tR{y; bra;J bfhs;syhk;. Bfhtpy; bryt[fSf;bfd;W jdpBa tR{y; bra;af; TlhJ.
4. brd;w Mz;il Bghy; ne;j Mz;Lk; kz;lfg;gojhuu;fs; jpUtpHh miHg;gpjH; moj;Jf; bfhs;syhk;.
Bkw;go Kot[fis nUjug;gpdUk; Vw;Wf;bfhs;SkhW bjhptpf;fg;gLfpwJ.”
4.When this Court has specifically directed the Fit Person to take over the management and to Administer the Temple, the Tahsildar, by passing these resolutions, took decisions over the affairs of the Temple as against the orders of this Court. The Tahsildar has convened the peace committee meeting on the requisition of the Sub-Inspector of Police, Thiruthangal Police Station, Sivakasi Taluk. Therefore, the Fit Person of the Temple has moved this contempt petition.
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5.The Fit Person of Arulmigu Shri Mariamman Temple has also moved a writ petition in WP(MD)No.7179 of 2024 as against the resolution dated 14.03.2024 passed in the Peace Committee Meeting headed by the Tahsildar, Sivakasi Taluk.
6.In the said writ petition, this Court has made the following observations:-
“13.This writ petition pertains to the conduct of a peace committee meeting by the Tahsildar, Sivakasi, over a Temple festival. Two issues are involved in this writ petition. One is with regard to the very power / authority of a Tahsildar in conducting a peace committee meeting. The other issue is regarding the conduct of the Tahsildar in taking decisions over the affairs of the Temple, interfering with the administrative powers of the HR & CE Department, as against the orders of this Court.
14.Every action of a State Authority must be in accordance and in conformity with law. This Court has perused the summon issued by the Tahsildar for convening the peace committee meeting. Without reference to any provision of law, the summon has been issued. If a power is 6/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 sought to be exercised by the State Agency, the person receiving a notice must be shown as to under what provision of law it is being done.
15.An Executive Magistrate is defined u/s.20 of the Code of the Criminal Procedure as the Officer, who has been appointed for every District and every Metropolitan area. The State Government shall appoint one of the Executive Magistrates as the District Magistrate. The District Collector shall be the District Magistrate of every District. In addition to that, the State Government may also appoint any Executive Magistrate to be an Additional District Magistrate and such Magistrate shall have the power of a District Magistrate under the Code. Section 21 of the Code deals with the Special Executive Magistrates. The Executive Magistrates are appointed as Special Executive Magistrates for particular areas or for the performance of particular functions, such of the powers conferred by the Government.
16.Originally, the District Collectors and Sub Divisional Magistrates alone were entrusted to deal with public nuisance u/s.133, 143 CrPC and public order u/s.144, 145 CrPC. The Government, vide G.O.Ms.1487, Home (Courts II) Department, dated 29.07.1989, has issued a notification appointing all the regular Taluk Tahsildars and Deputy Tahsildars, including Special Deputy Tahsildars of all Districts, as Special Executive Magistrates in the Districts concerned for 7/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 perennial period and conferred on them all the powers exercisable by the Executive Magistrate under the Code and also specifically empowered them to exercise the powers u/s.133, 143, 144 of the Code. Therefore, a Tahsildar, Executive (Class II) Magistrate, is empowered to take action u/s.133, 143, 144 of the Code.
17.The Tahsildar or the Revenue Divisional Officer have no legal power to conduct a peace committee meeting. Section 107 CrPC, however, vests certain power with the Executive Magistrate with regard to any information on breach of peace by any person and the Executive Magistrate can require such person to show cause to execute a bond. For invoking this provision u/s.107 CrPC, the information must disclose that a person is likely to commit breach of peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquillity.
18.The Executive Magistrate, who is initiating proceedings under this provision under Section 107 CrPC, is expected to pass a preliminary order under Section 111 CrPC and has to conduct an enquiry under Section 116 CrPC and ultimately, the Magistrate can pass an order directing that person to furnish a security / bond for a specific period to maintain peace.8/20
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19.The person mentioned in Section 107 CrPC cannot be referred to a Department or a Government Organisation. The HR & CE Department is a statutory body, governed by HR & CE Act, administered by a Secretary and a Commissioner at the top level, with the Executive Officers, who are Law Graduates, at the ground level. The HR & CE Department is established exclusively for the purpose of managing the affairs of the Temples in the State of Tamil Nadu and administering the religious institutions, including mutts, etc. It cannot be identified as a person causing disturbance to the public peace, as per Section 107 CrPC.
20.In this case, on a representation made by some individuals as against the Executive Officer / Fit Person of the HR & CE Department, the Police, in a mechanical manner, has referred the matter to the Tahsildar for conducting a peace committee meeting and this peace committee meeting was also conducted in a single day and decisions have been taken conferring certain rights on the individuals, who have made representation. By the impugned order, the right of administration conferred on the Executive Officer / Fit Person by the Joint Commissioner of the HR & CE Department, which was also confirmed by this Court, was taken away and given to a private party to conduct the temple festival. The Tahsildar / Executive Magistrate is not having any power to conduct such peace committee meetings involving a 9/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 statutory body / HR & CE Department, as per the notification of the State Government in G.O.Ms.No.1487, Home (Courts II) Department, dated 29.07.1989.
21.Time and again, this Court has reiterated that there is no statutory provision enabling the Tahsildar to conduct a peace committee meeting and that the decisions taken in a peace committee meeting lack statutory value or force. However, since the revenue authorities as well as the police authorities are responsible for maintaining law and order, whenever any problem arise, they convene a meeting of all the stakeholders and endeavour to find an amicable solution. Therefore, this action of the authorities cannot be entirely found fault with. At the same time, this cannot be allowed to be conducted as a Kangaroo Court akin to katta panchayats conducted by local musclemen or local politicians, as a threat to the democratic polity and the performance of the fundamental role of the judiciary.”
7.After referring to some of the observations made by this Court qua the powers of Tahsildar in conducting a peace committee meeting, this Court, by order dated 12.08.2024, has disposed of the said writ petition as under:-
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https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 “34.In the result, ● the impugned resolution dated 14.03.2024 passed in the peace committee meeting by the Tahsildar, is quashed; ● the Secretary to Government, Revenue Department, Secretariat, Chennai, shall ensure that necessary Circulars are issued sensitising the revenue officials, particularly, the Tahsildars, as to their powers and shall also initiate appropriate disciplinary proceedings as against the Tahsildar, Sivakasi Taluk; ● the Director General of Police [HoPF], Chennai, shall issue necessary Circulars sensitising the Police officials as to the powers conferred upon them and shall also take appropriate disciplinary action as against the Inspector / Sub-Inspector of Police, Thiruthangal Police Station concerned;
● the Tahsildar, Sivakasi Taluk and the Sub-Inspector of Police, Thiruthangal Police Station, shall pay a sum of Rs.10,000/- [Rupees Ten Thousand only], each, to the Fit Person of Arulmigu Mariamman Temple, Thiruthangal, Sivakasi;
● the Commissioner, HR & CE Department, Chennai, is also directed to conclude the proceedings in RP.No.392 of 2023, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.” 11/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024
8.Based on the directions issued by a Division Bench of this Court in WA(MD)Nos.589, 686 of 2019, dated 28.11.2022, the Joint Commissioner, HR & CE Department, Madurai, has conducted an enquiry and passed an order directing the Assistant Commissioner to take steps to bring the subject Temple under the control of the Department and to appoint a Fit Person to the Temple. Accordingly, the Assistant Commissioner, by order dated 27.07.2023, appointed Fit Person to the Temple and the Fit Person has also took charge. This order of appointment of Fit Person is under challenge before the Commissioner, HR & CE Department, in RP.No.392 of 2023 and the same is pending consideration. In fact, this Court, in WP(MD)No.18938 of 2023, dated 10.10.2023, has issued a specific direction to the Fit Person to take over the management of the Temple and to administer the Temple till the disposal of RP.No.392 of 2023.
9.While such being the position, the Tahsildar has intervened in the administration of the Temple, by exceeding his jurisdiction and by convening a peace committee meeting on 14.03.2024. By the peace committee proceedings, the Tahsildar appears to have acted as an 12/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 Appellate Authority to this Court, permitting the erstwhile administrators of the Temple to conduct the Temple festival and to maintain the Temple accounts. The erstwhile Committee was also permitted to print the invitations on behalf of the Temple. These decisions recorded by the Tahsildar amounts to interference not only with the administration of the Fit Person of the Temple appointed by the HR & CE Department, but also to the directions issued by this Court dated 10.10.2023.
10.The Tahsildar, Sivakasi Taluk, appeared before this Court and claimed that he was not aware of the orders of this Court in WP(MD)No. 18938 of 2023 dated 10.10.2023, inasmuch as he is not a party to that writ petition. He further submitted that the Fit Person has not informed him as to the orders of this Court. He has also filed a status report that an incorrect resolution has been passed in the peace committee meeting and that it was not intentionally made. The relevant paragraphs are extracted as under:-
“14. It is submitted that the 6th respondent expresses his unconditional apology for having passed an incorrect resolution in the peace committee meeting. The 6th respondent has not done it wantonly.13/20
https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 It has happened accidently.
15. Hence, it is submitted that the resolution passed in the peace committee meeting in Rc.No.A1/1/12/2024 dated 14.03.2024 by the sixth respondent may be cancelled and appropriate orders may be passed.”
11.No doubt, the Tahsildar, Sivakasi Taluk, is not a party to the writ petition in WP(MD)No.18938 of 2023. The said writ petition was disposed of on 10.10.2023 and based on the orders passed in the said writ petition, the Fit Person has taken over the administration of the Temple from the erstwhile Committee. The Tahsildar conducted the peace committee meeting on 14.03.2024, in which the Fit Person has also participated. On the directions of this Court, the Fit Person took charge. Therefore, it is beyond belief that the Fit Person has not informed the Tahsildar about the proceedings of this Court. In fact, the Fit Person has appeared before this Court and took a stand that she has informed the Tahsildar about the orders of this Court in the peace committee meeting and that despite the same, such a resolution has been passed. She has also filed an affidavit to this effect before this Court.
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12.In the summon issued for convening the peace committee meeting, the Tahsildar has referred about a letter addressed by the Inspector of Police, Thiruthangal Police Station dated 04.03.2024. In the said letter, the Sub-Inspector of Police has referred about a complaint given against the Fit Person and other Administrators of the Temple. The Sub-Inspector of Police further stated that an unconducive environment is prevailing between the general public and the HR & CE Department officials and therefore, he requested the Tahsildar to convene the peace committee meeting among the parties.
13.It appears that the Fit Person of the Temple has made representations / complaints before the Inspector of Police, Thiruthangal Police Station, Sivakasi Taluk, Virudhunagar District, on 21.11.2023 & 22.12.2023; before the Superintendent of Police, Virudhunagar on 01.03.2024; and before the Deputy Superintendent of Police, Sivakasi, Virudhunagar on 01.03.2024. In all these communications, the Fit Person has referred about the orders of this Court in WP(MD)No.18938 of 2023, 15/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 dated 10.10.2023, as to her appointment to administer the Temple. Therefore, it is clear that despite the knowledge as to the orders of this Court, the Inspector / Sub-Inspector of Police, Thiruthangal Police Station, has made a requisition to the Tahsildar to convene a peace committee meeting over the affairs of the Temple.
14.All along, the Fit Person appears to have informed the officials, particularly the police officials, as to her appointment to administer the Temple, as directed by this Court, whenever a problem arose. Therefore, this Court is unable to accept the Tahsildar's version that the Fit Person has not informed him as to the orders of this Court in the peace committee meeting.
15.Even otherwise, when the matter is subjudiced before the competent authority, ie., challenge to the appointment of Fit Person before the Commissioner, HR & CE Department, the Tahsildar ought not to have taken such decisions interfering with the powers of another Department. In all fairness, the Tahsildar ought to have advised the parties to have their 16/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 grievance redressed by approaching the Commissioner / Joint Commissioner / Assistant Commissioner of the HR & CE Department.
16.Most of such peace committee meetings are conducted only in Temple affairs. The Police, in a mechanical manner and in order to favour somebody, refer the matter to the Tahsildar, as if there is a breach of peace and the Tahsildar is also passing certain orders conferring the right of administration on one party, without any authority and without conducting any enquiry. This would certainly affect the civil right of the other party. Civil courts are established only to decide the civil rights of individuals. This type of proceedings would amount to usurp the powers of the civil Court. Civil Courts are taking decisions only after conducting a thorough enquiry. Here, in the peace committee meetings, the decisions are taken in a ½ hour or 1 hour proceedings, by forcibly obtaining their signatures in the proceedings.
17.The conduct of the Tahsildar and the Inspector / Sub-Inspector of Police does not satisfy the judicial conscious of this Court. Both of them 17/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 appear to have acted hand and glove to satisfy some private persons to conduct the festival and to have the administration of the Temple, as against the orders of this Court. Because of their act, the Fit Person was constrained to file the said writ petition and this contempt petition to defend the rights of the Department. These petitions might have been filed and contested from the funds of the Temple. The properties of the deity, a minor, are now unnecessarily spent for these litigations, in view of their arbitrariness.
18.Therefore, this Court is inclined to impose costs on the Tahsildar as well as on the Sub-Inspector of Police. The Tahsildar, Sivakasi Taluk and the Sub-Inspector of Police, Thiruthangal Police Station, shall pay a sum of Rs.10,000/- [Rupees Ten Thousand only], each, to the Fit Person of Arulmigu Mariamman Temple, Thiruthangal, Sivakasi.
19.Since this Court has already ordered for initiating appropriate departmental action as against the Tahsildar, Sivakasi Taluk and the Sub- Inspector of Police, Tiruthangal Police Station, Sivakasi Taluk, in the writ 18/20 https://www.mhc.tn.gov.in/judis Cont.P(MD)No.676 of 2024 petition in WP(MD)No.7179 of 2024, this Court is refraining from imposing any further punishments on the contemnors in this contempt petition.
Accordingly, this contempt petition stands closed.
Index : Yes / No 12.08.2024
NCC : Yes / No
Internet : Yes
gk
Note:
Mark a copy of this order to
1. The Secretary to Government,
Revenue Department,
State of Tamil Nadu,
Secretariat, Chennai.
2. The Director General of Police [HoPF],
Chennai.
To
1.The Tahsildar,
Taluk Office,
Sivakasi, Virudhunagar District.
2.The Sub-Inspector of Police,
Thiruthangal Police Station,
Sivakasi Taluk,
Virudhunagar District.
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Cont.P(MD)No.676 of 2024
B.PUGALENDHI, J.
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Cont.P(MD)No.676 of 2024
12.08.2024
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