Madras High Court
M.R.Sakthivel Gounder vs The Commissioner on 31 July, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.17923 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.17923 of 2024
and
W.M.P.(MD)Nos.15362 & 15364 of 2024
1.M.R.Sakthivel Gounder,
2.Manivel Gounder,
3.A.Vijayendran,
4.D.Kandasamy Gounder,
5.Paramasivam. ... Petitioners
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowment,
Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Palladam Salai,
Tharapuram Road,
Thiruppur.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment,
Saminathapuram,
Karur.
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W.P.(MD) No.17923 of 2024
4.The Executive Officer,
Arulmigu Alangaravalli Arulmigu Soundaranayagi
Udanurai Arulmigu Kalayana Pasupatheeswarar Temple,
Karur.
5.Karuvur Sri Maha Abisheka Kuzhu,
represented by its President Balakrishnan,
Arulmigu Alangaravalli Arulmigu Soundaranayagi
Udanurai Arulmigu Kalayana Pasupatheeswarar Temple,
Karur.
6.Karuvur Sri Maha Abisheka Kuzhu,
Represented by its Secretary Scott Thangavelu,
Arulmigu Alangaravalli Arulmigu Soundaranayagi
Udanurai Arulmigu Kalayana Pasupatheeswarar Temple,
Karur. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus to direct the first respondent to take appropriate
action as against the respondents no.2 to 4 for having allowed the respondents
Nos.5 & 6 from collecting the illegal donation from the public by establishing the
private committee in the name and style of Karuvur Shri Maha Abisheka Kuzhu at
Arulmigu Alangaravalli Arulmigu Soundaranayagi Udanurai Arulmigu Kalayana
Pasupatheeswarar Temple, Karur on the basis of the petitioner’s representation
dated 08.07.2024, made to the respondents No.1 to 4 on 09.07.2024.
For petitioner : Mr.A.Ramesh
For respondents : Mr.P.Subbaraj
Special Government Pleader for R1 to R3
Mr.P.Athimoola Pandian for R4
Mr.V.R.Shanmuganathan for R5 & R6
*****
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W.P.(MD) No.17923 of 2024
ORDER
Heard learned counsel for the petitioner, learned Special Government Pleader for the respondent and learned counsel for the respondents 4, 5 and 6.
2. The petitioner is before this Court for a Writ of Mandamus to direct the first respondent to take appropriate action as against the respondents no.2 to 4 for having allowed the respondents Nos.5 & 6 from collecting the illegal donation from the public by establishing the private committee in the name and style of Karuvur Shri Maha Abisheka Kuzhu at Arulmigu Alangaravalli Arulmigu Soundaranayagi Udanurai Arulmigu Kalayana Pasupatheeswarar Temple, Karur on the basis of the petitioner’s representation dated 08.07.2024, made to the respondents No.1 to 4 on 09.07.2024.
3. The case of the petitioner is that the respondents 2 to 4 have allowed the respondents 5 and 6 to collect illegal donations and savings from the devotees for ensuing the festival to be held from 09.08.2024 to 11.08.2024, in the subject Temple namely, Arulmigu Alangaravalli Arulmigu Soundaranayagi Udanurai Arulmigu Kalayana Pasupatheeswarar Temple,in Karur. 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17923 of 2024
4. It is the case of the petitioner that the above Temple, that belongs to a particular set of community from Vettuva Gounder and has been maintained only by the members of Vettuva Gounder community from Karur and that the respondents 5 and 6 have constituted a illicit Abisheka Kuzhu and are collecting huge amounts and have received huge donations, which are going unaccounted.
5. It is further submitted that a strict action should be taken by the first respondent against the respondents 2 to 4 and also against the private respondents/respondents 5 and 6.
7. The learned counsel for the respondents 5 and 6 submits that the petitioner is a disgruntled person, who is attempting to sabotage the temple festival functions, that are already on going to temple festival between 9 to 11 th of August, 2024.
8. It is submitted that the temple festival is being conducted out of the contribution of devotees from different communities and the worship in Temple is not confined to a particular community namely, Vettuva Gounder community 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17923 of 2024 contrary to what has been claimed by the petitioner. It is submitted that the amount that are collected in presence of the fourth respondent/Temple and duly accounted and remitted into the Temple's Bank Account as was done during the previous festivals as well.
9. It is submitted that the petitioner is putting spokes to derail the Temple festival and disturb the arrangements already made pursuant to the invitations that have already been printed. It is submitted that the invitation itself has given out the details of the articles and the persons, who are going to contribute in the form of Manjal, Thirumangalyam, Muhoorthapattu, Maha Abisekam and etc.
10. It is therefore submitted that there is no irregularity in the temple festival that is proposed to be held and as such there is no irregularity in the collection of the amounts from the devotees.
11. It is submitted that all the amounts are accounted in presence of the fourth respondent/Temple and amounts collected are remitted to the Bank Account of the fourth respondent/Temple.
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12. The learned counsel for the respondents 5 and 6 has also drawn attention to the Collection of Income and the Incurring of Expenditure Rules. It is submitted that the collection of money and articles is within the knowledge of the TNHR&CE Department and there is no irregularity.
13. It is submitted that if there is any illegal collection, the competent Authority can also initiate appropriate proceedings under the provision of IPC, which stands now replaced by Bharathia Nyaya Sanhita. It is submitted that therefore, this Writ Petition is liable to be dismissed.
14. The learned counsel for the official respondents 1 to 3 would submit that the collection will be monitored by the third respondent and a report will be placed before the first respondent.
15. The learned counsel for the fourth respondent/Temple has also produced copies of the orders passed for the previous years demonstrating the accounting of the amounts collected and remittance made during the previous years.
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16. The Court is of the view that the attempt of the petitioner to is spokes in the arrangements made at the eleventh hour. It cannot be allowed. As long as the collection are strictly in accordance with the provisions of the Collection of Income and the Incurring of Expenditure Rules as notified by G.O.Ms.No.4065, Revenue, dated 26.09.1961 amended by G.O.Ms.No.275, C.T.&R.E. Dated 16.07.1997, the petitioner can have no legitimate grievance.
17. Considering the nature of the funds and that considering the fact that the Temple attracts devotees from different walks of life and community, who contribute generously, the third respondent is directed to keep vigil on the collections. In case, the third respondent finds any irregularities in the collections and remittance, the third respondent shall take suitable action in accordance with law.
This Writ Petition is disposed of with above directions. No costs. W.M.P. (MD)No.15362 of 2024 is allowed. Consequently, connected miscellaneous petitions is closed.
Index : Yes / No 31.07.2024
Internet : Yes / No
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W.P.(MD) No.17923 of 2024
To
1.The Commissioner,
Hindu Religious and Charitable Endowment,
Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Palladam Salai,
Tharapuram Road,
Thiruppur.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment,
Saminathapuram,
Karur.
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W.P.(MD) No.17923 of 2024
C.SARAVANAN, J.
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