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Friday, Jun 17, 2005

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Court orders registration of cases against five

Special Correspondent

"Demolition of shrine inside Thirukkurungudi temple"

CHENNAI: The Madras High Court on Thursday ordered the registration of cases against five persons, including Sri Jayendra Saraswathi, Unnikrishna Panicker and Venu Srinivasan, for "destroying" the Shiva shrine inside the Azhagiya Nambirayar Perumal Temple at Thirukkurungudi in Tirunelveli district.

Justice P.D. Dinakaran, disposing of a writ petition filed by Krishnamachari, secretary of the Divya Desa Paarambariya Padhukappu Peravai, said the police must be directed to investigate the offence against the five persons "in accordance with law, in order to prevent the miscarriage of justice."

In his order, the Judge said: "When adherents of the religion alter the place of worship and create conditions conducive for public disorder, it is the constitutional obligation of the State to protect the place of worship and preserve public order, using required means and forces of law and order."

According to Mr. Krishnamachari, the shrine of Mahendragirinathar, which was part of the temple for over 1,000 years, was demolished on the "pretext of renovation" on June 1, 2004. The lingam of the shrine was dug up and kept in a straw bundle for "dhanyavasam."

He contended that the removal of the shrine was not only against the Agama principles of Vaishnavite temples, but also against the provisions of the Hindu Religious and Charitable Endowments Act.

Alleging inaction on the part of authorities concerned, he moved the High Court seeking a direction to the Home Secretary to "cause registration of a case and investigate the offence."

The Government advocate said the action was illegal and had been done without any approval of competent authorities. A show-cause notice had been issued to the Perarulala Ramanuja Jeeyar of Thirukkurungudi.

Mr. Justice Dinakaran, reiterating that the Home Secretary should have given appropriate direction to the authorities concerned to investigate and take action in accordance with law, said: "The silence on the part of the Home Secretary in not taking any action in this direction, but merely initiating disciplinary action under the provisions of the HR&CE Act, necessitated the petitioner to approach this court."

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