NEW DELHI: The Supreme Court on Monday ordered status quo in respect of installing the Siva lingam, uprooted from the Azhagiya Nambirayar (Vishnu) Perumal temple at Thirukurungudi village in Nanguneri in Tamil Nadu, in a new temple under construction in the same village.

The idol will continue to be kept in straw.

A Bench of Justice H.K. Sema and Justice A.R. Lakshmanan also issued notice to Venu Srinivasan (of the TVS group), Trustee of the Srinivasa Charitable Trust, constructing a full-fledged temple for the uprooted Siva lingam and others, on a special leave petition filed by Krishnamachari, challenging a Madras High Court judgment.

"No permission"

The petitioner submitted that the 1,300-year-old temple was managed by the head of the Jeer Mutt at Thirukurungudi. The Trust demolished the Sivan Sannadi, in existence for over 1,000 years, on the midnight of June 1, 2004 and the Siva lingam was kept in the straw.

The Hindu Religious and Charitable Endowment Board had not given prior permission and approval was given only on April 8, 2005. A criminal complaint was filed seeking police action against those involved in the demolition. A suit was also filed for reinstalling the Siva lingam in its original place.

On a writ petition, a single Judge of the High Court directed the police to register an offence relating to the demolition and investigate the matter. However, on writ appeals from Mr. Srinivasan and others, a Division Bench on October 3, 2005 set aside the single Judge's order. The complaint would continue to be on the file of the Inspector of Police, Thirukurungudi and, depending on the decision in the suit, it would be open to the party complaining the offence to approach the court in a separate proceeding for any appropriate relief. The special leave petition is directed against this order.

HC order `untenable'

The SLP contended that the High Court order was untenable inasmuch as the civil suit and criminal case were distinct and separate proceedings.

The civil suit had no bearing on the criminal complaint, it said and prayed for quashing the impugned order and an interim stay on its operation.

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