V. Gnanaprakasam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI V. Gnanaprakasam S/o.Vajram, New Street, Nethappakkam Village, S.V, Nagar Post, Arni Taluk, Tiruvannamalai District.

..Petitioner(s) Vs

1. The District Collector Office of the District collector, Tiruvannamalai District.

2. The Tahsildar, Arni Taluk, Tiruvannamalai District.

3. Kanrayan S/o.Late.Krishnan, Mel Street, Nethapakkam Village, S.V.Nagar Post, Arni Taluk, Tiruvannamalai District.

4. The Assistant Commissioner, HR and CE Department, Thiruvannamalai District.

(4th respondent has been suo motu impleaded vide order dated 17.03.2026) ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus to call for the records relating to the Impugned order dated 05.02.2025 in Na.Ka. No.Muu.Mu. Aa1/ 6922/ 2024, passed by the 2nd respondent and quash the same as illegal and direct the respondents to permit the petitioner to continue the renovation work of Bajanai Temple at Nethapakkam Village, Arni Taluk and pass. For Petitioner(s):

Ms.M.Rebecca

For Respondent(s):

Mr.M.Rajendira, Additional Government Pleader for R1 Mr.S.Ravichandran, Additional Government Pleader for R4 Order Writ Petition is filed against the impugned order of the 2nd respondent wherein the renovation work of Bajanai Temple at Nethapakkam Village, Arni Taluk, has been stopped.

2. Case of the petitioner is that the land comprised in Punjai Survey No.302/1, measuring an extent of 0.28 cents, situated at Nethappakkam Village, Arni Taluk, is a Government land, wherein the Bajanai Temple was situated. Since the said Temple was in a dilapidated condition, the residents of the said village decided to undertake renovation work and the Government also sanctioned a sum of Rs.95,775/- for the renovation of the said Temple under the Temple Restoration Project for the year 2019-2020. While so, the 3rd respondent in order to compete with the renovation work, had demolished the ancient Moodathai Amman Temple, which was worshipped by the villagers and converted it into Amman Temple. Therefore on the villagers advice, the petitioner as a remedial measure, undertaken to include the installation of the idols of Moodathai Amman and Vinayagar along with the idol of Lord Rama. Against which, the 3rd respondent submitted a representation to the President,

Nethapakkam Village Panchayat and on 31.01.2025, a peace committee meeting was also conducted and since there was no amicable solution, the 2nd respondent passed an order dated 05.02.2025 stating that no construction activity should be carried out and directed the petitioner to approach the competent Court. Aggrieved by the said order, the petitioner is before this Court.

3. Learned counsel for the petitioner submitted that the 3rd respondent with an ulterior motive made false allegations against the petitioner stating that he is constructing the Amman Temple instead of a Bajanai Temple. It is the contention of the petitioner that the said renovation was undertaken only on the existing Bajanai Temple by installing the said idols without changing the nature or character of the Temple.

4. Counsel for the respondent submitted that if at all the petitioner is having any grievance against the impugned order, he has to approach the competent Court for redressal.

5. Heard both sides and also perused the materials available in record.

6. Admittedly the Temple had fallen into a dilapidated condition necessitating renovation in the interest of the villagers and it is also pertinent to note that the Government itself has sanctioned a sum for carrying out such

renovation works. Therefore, the action of stopping the renovation work, despite such sanction appears to be unjustified. In such circumstances, this Court suo motu impleads the Assistant Commissioner, HR and CE Department, Thiruvannamalai District, as 4th respondent in this writ petition. The said official shall conduct enquiry and pass appropriate orders and shall also conclude the Kumbabishekam for the said Bajanai Temple within a period of six months from the date of receipt of a copy of this order. It is further directed that if any law and order problem arises during the course of such activities, the concerned official shall take appropriate action to maintain peace. The petitioner and other persons are at liberty to make donation to the said Temple for the purpose of carrying out the renovation and Kumbabhishekham.

7. With the above directions, this writ petition is disposed of. No costs. 17-03-2026 Index: Yes/No Speaking/Non-speaking order SK To

1. The District Collector Office of the District collector, Tiruvannamalai District.

2. The Tahsildar Arni Taluk, Tiruvannamalai District.

3. The Assistant Commissioner, HR and CE Department, Thiruvannamalai District.

M.DHANDAPANI J.

sk 17-03-2026