Raja Sm Social Activist vs State Represented By Additional Director General Of Police & Anr.

(Order of the Court was made by C.V.KARTHIKEYAN, J)

The writ petition has been filed as a public interest litigation in the nature of Certiorarified Mandamus seeking records relating to an order dated 22.01.2026 passed by the 1^st respondent, Additional Director General of Police, Idol Smuggling Prevention Division Office at Chennai and quash the same and consequently to withdraw the complaint dated 04.11.2025 given to the first respondent and transfer the same to the 2^nd respondent Joint Director, Central Bureau of Investigation and to investigate and register a case.

The entire issue surrounds the alleged missing, in the Temple Arulmighu Kalatheeswarar Abirami Temple in Dindigul also called as Abirami Amman Temple, of two idols namely, Karudalvar Idol and Bala Durgai Amman idol attached with pillars. The learned counsel had attached photographs of the same. He claims that necessary investigation should be done regarding the missing of the two idols. This particular complaint had not been forwarded to the first respondent but it had been forwarded to the Chief Minister's Cell. Thereafter it had been reforwarded to the first respondent. The first respondent had issued the communication, which is impugned in the writ petition.

The procedure known to law has to be followed by the petitioner and by everybody else. That requires a proper complaint to be lodged before the appropriate investigating agency and thereafter to approach the concerned jurisdictional Magistrate Court or the Court having jurisdiction to deal with that specific offence to seek further relief, in case no action had been taken on the complaint. The procedure as enunciated under the BNSS 2023 will have to be followed. Merely issuing a letter to the Chief Minister's Cell and then filing a public interest litigation would not advance the cause of the petitioner herein. We would grant liberty to the petitioner to follow the procedure as established by law with respect to the same issue in proper manner. When it is taken up for considertion, the observation made by us may not play on the mind of either the investigating agency or the Court, which deals with any such complaint to be lodged/if lodged by the petitioner herein. The further statement made on behalf of the first respondent that the two idols are actually available in the temple and that they are not being worshipped because of the damage is also recorded. The writ petition stands dismissed accordingly. No costs.