G. GANTHI Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Both the Writ Petitions have been filed challenging the very same order passed by the first respondent under Sec. 145 of Cr.P.C., dtd. 7/6/2023 and as such, this Court passed a common order.

(2.) The Temple, viz., Arulmigu Draupathi Amman Thirukovil (hereinafter referred to as 'the Temple' for short), is situated at Melpathi Village, Villupuram Taluk and District. The case of the petitioners is that the Temple is dedicated to the worship of a particular community and it was established and constructed by the members belonging to that particular community. It is situated in R.S.No.65/2 and R.S.65/3 of Melpathi Village, Villupuram District, owned by the people of that particular community. Therefore, it is a denominational Temple and its administrators, viz., the Trustees, are elected by the people of that particular community. It is an ancient Temple and has been governed by the people of that particular community for more than 100 years. The daily Poojas and festivals on special occasions are conducted by the people of that particular community and the contributions will be collected from the said community people. Further, the deity of the Temple is also considered to be the family deity of that particular community.

(3.) While that being so, during the festival called "Theemithi Thiruvizha", which was held on 7/4/2023, a dispute arose between two community people, resulting in the registration of FIRs in Crime Nos. 178 and 179 of 2023 for the offences under Ss. 147, 148, 294(b), 341, 323, 324, 354, 153A(2), 504, and 506(1) of IPC and Ss. 3(1)(r), 3(1)(s), 3(1)(w)(I), 3(1)(za)(C), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and for the offences under Ss. 147, 354, 354A, 509, 153A(2), and 506(i) of IPC and Sec. 4 of the TNPHW, 2002, respectively. However, according to the petitioner, the said incidents are in no way connected to the Temple festival and it is an individual dispute. However, the fourth respondent issued a notice, thereby directing the Trustees of the Temple to hand over the charge of the Temple, relying upon the order passed by the third respondent dtd. 11/4/2023, thereby appointing the fourth respondent as a fit person for the Temple as contemplated under Sec. 49(1) of the Hindu Religious and Charitable Endowments Act. However, it was set aside by this Court in W.P.No.13531 of 2023 on the ground that no notice was served to the existing Trustees. Pursuant to the registration of the First Information Report, no one is allowed to enter the Temple, since there is a communal dispute.