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Madras High CourtWP/2137/2017disposed of

S.Govindaraj, v. The Commissioner,

2017-01-30Honourable Mr Justice B. Rajendran5 pages

In the High Court of Judicature at Madras Dated: 30.01.2017 Coram The Honourable Mr.JUSTICE B.RAJENDRAN W.P.No.2137 of 2017 and WMP No.2103 of 2017 S.Govindaraj ..Petitioner Vs 1.The Commissioner, HR&CE Admin Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, HR&CE, Vellore, O/o.The Joint Commissioner, HR&CE Department, Sathuvachary, Vellore-9.

3.The Assistant Commissioner, HR&CE, Thiruvallur, O/o.The Assistant Commissioner, HR&CE Department, Thiruvallur District 602 201.

4.The Hereditary Trustee, A/m.Sri Pidari Vaaliamman Temple, Eekadu Village, Thiruvallur District 602 021. 5.The Executive Officer, A/m.Sri Pidari Vaaliamman Temple, Eekadu Village, Thiruvallur District 602 021 Also the Executive Officer, Bhaktavatchala Perumal Temple, Thiruninravur, Poonamallee Taluk,Thiruvallur District 602 024.

6.E.J.Balasubramaniam 7.E.D.Sundramurthy

...Respondents

Prayer: Writ petition filed under Article 226 of the constitution of India for issuance of a writ of mandamus to forbear the respondents from any manner carrying on the renovation work and further damaging the structure and performing any other functions including Balayam and Kumbabishekam in the A/m.Sri Vaaliamman Temple, situate at Eekadu, Thiruvallur District 602 021 without permission of the authorities of the HR & CE and Archeological Departments. For Petitioner : Mr.V.Srikanth for Mr.E.Ganesh For Respondents : Mr.M.Maharaja Special Government Pleader

ORDER

This writ petition is filed for a mandamus to forbear the respondents from any manner carrying on the renovation work and further damaging the structure and performing any other functions including Balayam and Kumbabishekam in the A/m.Sri Vaaliamman Temple, situate at Eekadu, Thiruvallur District 602 021 without permission of the authorities of the HR & CE and Archeological Departments.

2.According to the petitioner, renovation work of the subject temple can be commenced only after getting due sanction over the plan. While so, the respondents 6 and 7 are doing renovation work to their choices and that the kumbabishekam is likely to be

conducted by them in the said temple. Hence, he filed this writ petition seeking the aforesaid relief.

3.Heard both sides.

4. The writ petitioner without approaching any authority has come up with this writ petition directly for a mandamus is not maintainable. In any view of the matter, Kumbabisekam commenced with effect from today, though in the petition, it has been stated that it is in the preliminary stage. Therefore, Kumbabisekam to the subject temple as per schedule will go on and the petitioner is at liberty to approach the Commissioner to bring to his notice any violation as stated in his notice and the same shall be duly considered by the concerned authority if there is any violation at all. It is made clear that this court has not expressed any opinion on this regard. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

30.01.2017 vri B.RAJENDRAN,J.

Vri To 1.The Commissioner, HR&CE Admin Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, HR&CE, Vellore, O/o.The Joint Commissioner, HR&CE Department, Sathuvachary, Vellore-9.

3.The Assistant Commissioner, HR&CE, Thiruvallur, O/o.The Assistant Commissioner, HR&CE Department, Thiruvallur District 602 201.

4.The Hereditary Trustee, A/m.Sri Pidari Vaaliamman Temple, Eekadu Village, Thiruvallur District 602 021. 5.The Executive Officer, A/m.Sri Pidari Vaaliamman Temple, Eekadu Village, Thiruvallur District 602 021 Also the Executive Officer, Bhaktavatchala Perumal Temple, Thiruninravur, Poonamallee Taluk,Thiruvallur District 602 024. W.P.No.2137 of 2017 30.01.2017

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