Justice SM Subramaniam of Madras HC directs TN DGP to depute Armed Reserve Police for crowd management at Tiruchendur Subramaniaswmay Temple. Also directs temple management to control Tirusudhandirargal (freelance Archakas) & ensure that they don’t harass devotees. Full order of The Hon`ble Mr.Justice S.M.SUBRAMANIAM WP(MD) No.1700 of 2022 SEETHARAMAN.M … PETITIONER

Justice SM Subramaniam of Madras HC directs TN DGP to depute Armed Reserve Police for crowd management at Tiruchendur Subramaniaswmay Temple. Also directs temple management to control Tirusudhandirargal (freelance Archakas) & ensure that they don’t harass devotees. @THChennai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Special Original Jurisdiction )
Thursday, the Third day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice S.M.SUBRAMANIAM
WP(MD) No.1700 of 2022
SEETHARAMAN.M … PETITIONER
Vs
1 THE COMMISSIONER
HR AND CE DEPARTMENT, NUNGAMBAKKM, CHENNAI.
2 THE JOINT COMMISSIONER/EXECUTIVE OFFICER,
ARULMIGU SUBRAMANIA SWAMY TEMPLE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.
3 THE FIT PERSON/THAKKAR
ARULMIGU SUBRAMANIA SWAMY TEMPLE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.
(*) 4 THE DIRECTOR GENERAL OF POLICE,
MYLAPORE, CHENNAI-4
(*) 5 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI.
(R4 & R5 ARE SUO MOTU IMPLEADED AS
PER ORDER OF THIS HON’BLE COURT DATED
03/03/2022 IN WP(MD)No.1700/2022)
… RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Certiorari, to call for the records of the 2nd respondent in 2nd respondent in Na.Ka.No. 2360/2021-2/U2 dated 21.12.2021 and quash the same as illegal.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.RAJARAMAN.G, Advocate for the petitioner and of and Mr.MUTHUGEETHAIYAN, Advocate for the Respondent Nos. 2 and 3 and Mr.VEERAKATHIRAVAN, Additional Advocate General and MR.P.SUBBURAJ, Special Government Pleader on behalf of the Government Officials, the Court made the following order:-
In view of the seriousness involved in the issues raised in this writ petition and in view of the fact that the Hon’ble Division
Bench of this Court has also issued several directions on earlier occasions and some of the directions are yet to be implemented by the competent authorities. It is necessary for this Court to implead the Director General of Police, Mylapore, Chennai-4 and the Superintendent of Police, Thoothukudi, for the purpose of providing protection to the Temple, as the present situation is not conducive for the devotees to enter into the Temple in a peaceful manner. Thus, the Director General of Police, Mylapore, Chennai-4 and the Superintendent of Police, Thoothukudi have been suo motu impleaded as fourth and fifth respondents in the writ petition.
2.Mr.P.Subburaj, learned Special Government Pleader takes notice for the impleaded respondents.
3.The cause arose in the writ petition in view of the fact that the petitioner was imposed with the ban from performing
“ifqf;h;ak;”inside the “mUs;kpF Rgg; pukzpaRthkp jpUf;Nfhapy; jpUr;nre;J}h”.; Admittedly, the petitioner claims himself as “jpURje;jpuh;fs;”(free lance Archaga).
4.During the course of hearing, the learned Additional Advocate General, who assisted the Court and the learned counsel for the Temple and the learned Special Government Pleader made submissions regarding the happenings inside the Temple, which is not conducive to the devotees to have peaceful Dharsan of the deity inside the Temple. Several allegations are raised against the “jpURje;jpuh;fs;” who all are permitted to perform “ifqf;h;ak;”. It is brought to the notice of this Court that the devotees are being harassed both by this Thirusudhanthirargal and by the Temple employees and therefore, the devotees, who all are visiting the Temple are unable to have peaceful Dharsan on account of variety of reasons.
5.The learned counsel appearing on behalf of the Temple very fairly made a submission that the Temple administration is unable to control the situation on account of various reasons and the directions issued earlier are unable to be implemented in its letter and spirit. The happenings in the Temple did not create a conducive atmosphere for peaceful dharsan for the devotees. The Temple is an ancient Temple and large number of devotees in lakhs are visiting the Temple every day and in festival seasons, several lakhs of devotees are attending the poojas, festivals and other celebrations. Thus, it is necessary to provide some assistance to the Temple authorities to create an atmosphere which is conducive to the devotees to worship the deity without any difficulty and in a peaceful manner.
6.Under those circumstances, this Court directed the learned Additional Advocate General and the learned counsel for the Temple to submit a report with reference to the difficulties being faced by the Temple administration in allowing the devotees, Thirusudanthirargal, Temple staffs including private security contractors. The Executive Officer filed an affidavit and a report, dated 02.03.2022. The report contains several suggestions for the purpose of effective control and management of the crowd in the Temple and to control the affairs of the Thirusudanthirargal and the contract employees. The report contains several suggestions and alternative ways for allowing the devotees to have dharsan and other aspects are also provided.
7.This Court directed the learned Special Government Pleader to get instructions from the Superintendent of Police, Thoothukudi, for the purpose of providing security through Armed Reserve Police for effective control of crowd inside the Temple. As the Temple authorities are regularly facing troubles and even several criminal cases are registered in the matter of controlling the crowds, Thirusudanthirargal and the Temple employees. Several instances of commission of offence are brought to the notice of this Court and there is no effective controlling mechanism, though steps are taken by the administration through private contract employees. Their services are inadequate and ineffective, so as to control the large number of devotees, Thirusudanthirargal, Temple employees and other persons, who all are visiting the Temple.
8.The learned Additional Advocate General, on instructions from the learned Special Government Pleader, informed this Court that additional forces are required and the additional forces are to be deployed by the Director General of Police, Chennai.
9.The learned Additional Advocate General, learned counsel appearing for the Temple as well the learned counsel for the petitioner and the learned Special Government Pleader respectively made their submissions and it is agreed between all the parties that the affairs of the temple are to be controlled effectively and all the respective counsels have unanimously said that the present situation prevailing in the Temple is not conducive for peaceful dharsan of the devotees and at one point of time, the learned Additional Advocate General informed that immediate measures are highly warranted in the interest of devotees and the Temple.
10.Various suggestions in the form of report submitted by the Executive Officer is perused by this Court and all the suggestions if implemented, undoubtedly it would be of greater assistance for better administration as certain measures were already implemented as per the orders of the Hon’ble Division Bench of this Court.
11.This Court has to consider the effective implementation of the suggestions made in the form of report by the Executive Officer and for implementing the suggestions in the report, this Court is inclined to pass the following the orders:
(i)The respondents 2 and 3 are directed to make all arrangements to implement their suggestions made in the report, dated 02.03.2022 within a period of 5 days from today, if required by engaging additional labourers or employees etc., and all the actions in this regard are directed to be ratified by the first respondent Commissioner.
(ii)The respondents 2 and 3 are directed to ensure that the implementations are made in such a way that the suggestions in the report, dated 02.03.2022 are implemented effectively, so as to ensure crowd management, dharsan to devotees and entries to all persons are made without any difficulty or hurdles.
(iii)The respondents 2 and 3 as per the report are directed to ensure that the affairs of the Thirusudanthirargal are effectively controlled so as to ensure that they did not cause any inconvenience to the devotees or to the Temple administration in violation of the rules and regulations.
(iv)The fourth respondent, the Director General of Police is directed to provide additional forces to “mUsk;pF Rgg; pukzpaRthkp jpUf;Nfhapy; jpUr;nre;J}h;”for the purpose of providing effective protection for the Temple administration and to the lakhs and lakhs of devotees who all are visiting the Temple every day. The respondents 4 and 5 are directed to depute “Tamil Nadu Special Police Company consisting of 125 Police Personnel, including Inspectors of Police, Sub Inspectors of Police, Nayaks and Force.” to ensure that ingress and egress in the Temple campus and the crowd management by the Temple administration are protected in all respects in co-ordination with the respondents 2 and 3.
(v) The fourth respondent, the Director General of Police is directed to provide protection to the said temple from 7th March 2022 onwards.
(vi)The fifth respondent is directed to ensure that (*)Tamil Nadu Special Police Company” are deputed in strategic place, both inside and outside the Temple with the consultation of the respondents 2 and 3 for effective crowd management and for the peaceful dharsan to the devotees who all are vising the Temple. The fifth respondent is directed to ensure that the jurisdictional police station shall assist (*)Tamil Nadu Special Police Company” with reference to the local issues and to ensure effective protection to the Temple devotees and the persons who all are visiting the Temple every day.
12.The above directions are issued as interim measures enabling the respondents to implement their suggestions in the report, dated 02.03.2022 for an effective control of the Temple activities and in the event of any difficulties during the implementation of this interim order, a report to that effect shall be filed in the form of an additional report before this Court for passing suitable orders. The respondents are directed to implement all the suggestions in the report dated 02.03.2022 with effect from 09.03.2022 onwards and submit compliance report regarding the implementation before this Court on 23.03.2022.
13.The Registry, High Court is directed to list the matter under the caption ”for reporting compliance” on 23.03.2022 before this Court. sd/-
03/03/2022
/ TRUE COPY /
04/03/2022
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court, Madurai – 625 023.
TO
1 THE COMMISSIONER
HR AND CE DEPARTMENT, NUNGAMBAKKM, CHENNAI.
2 THE JOINT COMMISSIONER/EXECUTIVE OFFICER,
ARULMIGU SUBRAMANIA SWAMY TEMPLE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.
3 THE FIT PERSON/THAKKAR
ARULMIGU SUBRAMANIA SWAMY TEMPLE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.
4 THE DIRECTOR GENERAL OF POLICE MYLAPORE, CHENNAI-4.
5 THE SUPERINTENDENT OF POLICE THOOTHUKUDI. +1. C.C. to M/S.M.MUTHU GEETHAYAN, Advocate SR.No.1696 (I)
ORDER
IN
WP(MD) No.1700 of 2022
Date :03/03/2022
SA/PN/SAR.1/03.03.2022/5P/7C
SS/SBN/SAR-I/04.03.2022/6P/7C