SHIVAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioner claiming to be hereditary archak of the temples in question, is knocking at the doors of Writ Court for assailing the order dtd. 9/9/2013 issued by the first respondent-Deputy Commissioner. The said order at Annexure-A has the following text:

(2.) Learned counsel for the petitioner argues that the second paragraph of the above order of the Deputy Commissioner comes in the way of his performing the pooja of the deities in question inasmuch as the said order permits the other poojaries to lock the temples in question and to retain the keys thereof with them. He hastens to add that right to perform pooja is not only an ordinary civil right but it enjoys constitutional guarantee as well in the light of decision of the Apex Court in Commissioner, Hindu Religious Endowment, Madras, Vs. Lakshmindra Thirtha Swamiar of Sri.Sirur Mutt, AIR 1954 SC 282.

(3.) Learned AGA appearing for the official respondents points out that the order in question has been made to prevent any mischief being played by the miscreants in the temple in general and to the deities in particular and thus, it is only by way of security measure which the Deputy Commissioner in his wisdom has thought of. She contends that such an order does not call for a deeper examination at the hands of the respondents, the same being in the best interest of temple protection.