K SHIVARAM KARANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition was filed as a Public Interest Litigation by a well-known Novelist Dr. Shivaram Karanth of Karnataka alleging certain illegal activities carried out by the 6th respondent- Executive Officer of Sri Kollur Mookambika Temple resulting in loss of priceless antique jewellery and articles of the said temple.

(2.) ). The petitioner is no more now. But he has not filed this writ petition asserting his personal right or to safeguard his own interest. Since it is in the nature of Public Interest Litigation, the lis is between this Court and the respondents against whom relief is sought in public interest. Therefore, in view of the law laid down by the Apex Court, we entertain this writ petition despite the death of the petitioner.

(3.) ). The petitioner has stated that on or about 17-5-1993 one of the Archaks of the temple informed him about the removal of valuable articles pertaining to the temple. Immediately the petitioner wrote letter to the then Chief Minister. In response to the same, the Chief Minister in his letter at Annexure-C dated 24-5-1993 intimated the petitioner that he had instructed the Revenue Commissioner to conduct enquiry in accordance with law. Thereafter, the petitioner wrote a letter to the 3rd respondent about the illegal action of 6th respondent in fraudulently removing and switching of the valuable jewellery of the temple. In reply to the same, petitioner received a letter informing that the Assistant Commissioner has been asked to submit a report and appropriate action would be taken thereafter. Again the petitioner wrote to 3rd respondent but no reply was received. It is averred in the petition that the Jewellery and other articles of the temple were of antique value, they cannot be valued. It is asserted that there has been consistent attempts in the public institutions of replacing antique articles in the guise of renovating and handing over original items and handing over the same to unscrupulous exporters. It is alleged that the officials of the department are direct beneficiaries. After narrating the temple and the idol of the diety, its character, it is stated that the same had been donated several centuries ago. Many of the jewels of the image are stated to have been donated by the Kings of Vijayanagara Kingdom and Rulers of Ikkeri. It is further stated that the temple contains large number of jewellery and other art and artifacets of historical value. The petitioner states that unless a record of all the jewellery is maintained and regularly inspected, there is always possibility of losing or misappropriating those valuable articles. The other grievance of the petitioner is that the authorities have not taken any action to protect the temple as a historical or archaeological monument either under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Ancient Monuments Preservation Act, 1904 by declaring the temple as such. Alleging that the authorities have failed to discharge their statutory duty, the petitioner has filed this writ petition seeking a direction to the respondents to take appropriate action to retrieve and restore the jewellery of the temple, to maintain a Photographic Record of all the jewellery and other valuable articles of the temple, to direct 5th respondent to declare the temple as a "protected Monument" under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and also to direct the respondents to maintain a Register of the valuables gifted to or acquired by the temple.