C.M.Sivababu v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 10.03.2017
CORAM
THE HONOURABLE MR. HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE M.SUNDAR W.P. NO.5301 OF 2017 C.M.Sivababu .. Petitioner - Vs -
1. The State of Tamil Nadu rep. By its Secretary to State Dept. of Hindu Religious & Charitable Endowments Fort St. George Chennai-9.
2. The Commissioner Dept. of Hindu Religious & Charitable Endowments No.119, Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.
3. The Joint Commissioner Dept. of Hindu Religious & Charitable Endowments Villupuram.
4. The Executive Officer Arulmigu Atulya Nadheswarar Temple Arakandanallur Thirukovilur Taluk Villupuram District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents herein to consider the petitioner's representation dated 23.1.2017 to maintain the Arulmigu Atulya Nadheswarar Temple, Arakandanallur, Thirukovilur Taluk, Villupuram District in a proper manner by periodical inspection of the said temple to monitor and protect the said temple and its appurtenances from illegal elements and restore the same to its perfect condition.
For Petitioner : Mr. J.Ashok For Respondents : Mr. M.Maharaja, Spl. GP
ORDER
(DELIVERED BY THE HON'BLE THE ACTING CHIEF JUSTICE) This petition has been filed for a direction on the respondents to maintain the Arulmigu Atulya Nadheswarar Temple, Arakandanallur, Thirukovilur Taluk, Villupuram District in a proper manner by periodical inspection of the said temple to monitor and protect the said temple and its appurtenances from illegal elements and restore the same to its perfect condition.
2. The petitioner, the President of Tamil Desiya Makkal Katchi and a strong believer of Hindu faith claims that the above temple is very famous temple and is a standing example of architectural excellence. It is the allegation that the said temple is not being properly maintained and many illegal activities are carried on within and adjacent to the precincts of the temple. In this regard, the petitioner has sent a representation on 23.1.2017, which has not been considered by the respondent authorities till date. Aggrieved due to the above inaction, the present writ petition has been preferred.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
4. It is the submission of the learned Special Government Pleader that the matter is under consideration of the authorities as the maintenance of the temple as well as the place in and around the temple requires lot of funds, which is under consideration of the Government. In such view of the matter, this Court is of the opinion that no further order needs to be passed as the matter is under the active consideration of the authorities. However, it is open to the petitioner to extend the necessary funds as donation for the maintenance of the temple, in which case, the authorities concerned shall take necessary steps to maintain the temple from the funds provided by the petitioner.
5. This writ petition is disposed of with the aforesaid observation and direction. However, in the circumstances of the case, there shall be no order as to costs.
s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar
To
1. The State of Tamil Nadu rep. By its Secretary to State Dept. of Hindu Religious & Charitable Endowments Fort St. George Chennai-9.
2. The Commissioner Dept. of Hindu Religious & Charitable Endowments No.119, Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.
3. The Joint Commissioner Dept. of Hindu Religious & Charitable Endowments Villupuram.
4. The Executive Officer Arulmigu Atulya Nadheswarar Temple Arakandanallur Thirukovilur Taluk Villupuram District.
+1 CC to Mr. Ashok Advocate sr 15255 +1 CC to Govt. Pleader sr 15894 W.P. NO.5301 OF 2017 MG(CO) sp/21/3