SEKAR REPORTER

Court News from Madras High Court

25.07.2022 NOTES Complainant Annamalai was running a Photo/book shop in the temple premises and he was evicted by HR&CE. To settle score with HR&CE earlier Annamalai filed a Writ Petition to stall the installation of Somaskandar idol.

by ·

25.07.2022

NOTES

  • Complainant Annamalai was running a Photo/book shop in the temple premises and he was evicted by HR&CE.

 

  • To settle score with HR&CE earlier Annamalai filed a Writ Petition to stall the installation of Somaskandar idol.

 

 

  • Thereafter he gave a frivolous complaint to the local police about illegal collection of gold which was not taken by the police, for want of prima facie material.

 

  • Subsequently, he obtained a Magistrate Court order to register the complaint and local police registered it. This Complaint was transferred to Idol Wing Police.

 

 

  • Padmashri Muthiah Sthapathy was the Chief Sthapathy in the HR&CE who only rendered advice in the making of the two idols. He was arrayed as an accused without any evidence of alleged collection of gold. Idol was made by Masilamani Sthapathy.
  • Quash petitions were filed by HR&CE official, Mr.Muthiah Sthapathy and Hr&CE Officals, Stainikars.

 

  • Amongst other things it was chiefly contended by Barrister PL.Narayanan on behalf of Mr. Muthiah Sthapathy that admittedly when there was no theft of any idol but collection of gold and monies and misappropriation of it. Therefore, Idol wing has no jurisdiction to investigate and the case must be tried by the police station concerned.

 

 

  • The Learned judge Dr.Justice G.Jayachandran was pleased to observe that none of the donors of money or gold had complained, but it was a disgruntled complainant.

 

  • The idol wing police failed to complete the investigation even after 4 years despite free hand given by the High Court.

 

 

  • The Learned Judge further observed that the commissioner of HR&CE Department letter dated 31/07/2018 is relevant in the context. The Learned Judge has extracted the content of the said letter. The essential aspects of letter is about illegal and unfair investigation by the Idol Wing including the threat and coercion held out against the HR&CE officials. She expressed the inability of the HR&CE Department to function in the said environment.

 

  • The Learned Judge has also observed that after recording statements of the donors, the idol wing had failed to verify the veracity of the same.

 

 

  • All these lapses on the part of the Idol wing police only adds suspicion about their intention to grab the investigation from local police, arrest the petitioners, but not to proceed further and complete the investigation to prosecute the real culprit.

 

  • The case has nothing to do with antique idol. There is no theft of idol or recovery of the same. The Complaint of misappropriate and breach of trust were sought to be investigated in the premises. The Learned Judge has ordered the investigation of the case to be transferred to Sivakanchi police Station, sanction to prosecute the HR&CE officials should be obtained and the re-investigation of the case should be completed within a period of 90 days by the Sivakanchi Police Station saying so, the petitions were disposed of.

You may also like...