Shri.Ramesh v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.1639 of 2016 Shri Ramesh .. Petitioner Vs.
1.The Commissioner, HR & CE, Nungambakkam, Chennai.
2.The Joint Commissioner, HR & CE, Salem.
3.The Executive Officer, Sri Asaladeepeshwar Temple, Mohanur, Namakkal.
4.Fit person/THAKKAR, Sri Asaladeepeshwar Temple, Mohanur, Namakkal.
..Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to accord sanction, permission and approval to re-install and re-construct the Holy Paduka and the Holy Panchaloka Shilarupa Idol of His Holiness Sri Narasimha Bharathi Swamigal - the 33rd Mahant of Sri Sringeri Saradha Peetam, Sringeri installed in 1920 at the Sri Asaladeepeshwar Temple, Mohanur, Namakkal and consequently, pass appropriate final orders on the resolution of the Peace Committee Resolution dated 21.05.2010 as agreed upon in the presence of the respondent officials within a reasonable time frame fixed by this Court. For Petitioner : Mr.B.Jaganath For R1 to R3 : Mr.P.Sanjay Gandhi, AGP For R4 : Mr.Anand Subramanian
ORDER
The petitioner has come up with the present writ petition for a mandamus, directing the respondents to accord sanction, permission and approval to re-install and re-construct the Holy Paduka and the Holy Panchaloka Shilarupa Idol of His Holiness Sri Narasimha Bharathi Swamingal - the 33rd Mahant of Sri Sringeri Saradha Peetam, Sringeri installed in 1920 at Sri Asaladeepeshwar Temple, Mohanur, Namakkal and consequently, pass appropriate final orders, based on the resolution of the Peace Committee Resolution dated 21.05.2010 as agreed upon in the presence of the respondent officials, within a reasonable time frame fixed by this Court.
2. It is the case of the petitioner that in the year 1920, the Holy Paduka of His Holiness Sri Narasimha Bharathi Swamigal - 33rd Mahant of Sri Sringeri Saradha Peetam, Sringeri was installed at Sri Asaladeepeshwar Temple premises in Mohanur. Since then, the petitioner's family were performing the rituals as Gurukkal and Temple Priest at Sri Asaladeepeshwar Temple. While so, somewhere in between the years 2008 and 2009, one gurukkal by name, Umapathy, without getting prior permission and approval from the HR & CE Officials, demolished the said shrine consisting of the Holy Paduka and the Holy Panchaloka Shilarupa Idol of His Holiness Sri Narasimha Bharathi Swamigal - 33rd Mahant of Sri Sringeri Saradha Peetam, Sringeri, which raised a dispute. Despite several letters and representations from the Sringeri Sarada Mutt officials and the devotees of the village like the petitioner, the respondents had not taken any steps to settle the issue. Hence, the villagers and devotees including the petitioner have done an one-day fasting at Mohanur Village, Namakkal District.
3. It is the further case of the petitioner that pursuant to the above, a Peace Committee was constituted on 21.05.2010 and a meeting was held at the Office of the District Collector, Namakkal, wherein, the following resolutions have been taken in the presence of the HR&CE officials, Zonal Deputy Tahsildar, Namakkal District, Village Administrative Officer, Mohanur and the petitioner and the gurukkal Umapathy: (i) There will be action taken against the Archakar Shri Umapathy Gurukkal for demolishing and destroying the said Sannadhi, without permission from the competent authority and an enquiry to that effect will also be duly conducted by the HR & CE and Revenue Officials.
(ii) The HR and CE department would accord sanction and permission and also give all the adequate
and necessary assistance for re-installation and reconstruction of a new temple in the place of the demolished Shrine and Sannadhi through Sringeri Mutt Authorities.
Thereafter, despite several representations made by the petitioner, the respondents have not taken any action with regard to sanction and permission to re-construct the said temple. Therefore, the petitioner has filed the present writ petition for the aforesaid relief.
4. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for respondents 1 to 3 and the learned counsel appearing for the fourth respondent.
5.Keeping the submissions made on either side, I have perused the materials placed before this Court. Admittedly, a Peace Committee Meeting was held on 21.05.2010 for settlement of the dispute with regard to the demolition of shrine at Sri Asaladeepeshwar Temple, Mohanur, Namakkal District and resolutions have been passed to the effect that action would be taken against the gurukkal Umapathy as per law and the HR & CE department would accord, sanction and permission for reconstruction of a new temple at the same place through Sringeri Mutt. However, till date, no action was taken by the respondents in this regard. Therefore, I am of the view that it is a fit case to direct the respondent concerned to pass appropriate orders, in the light of the resolutions passed in the Peace Committee Meeting held on 21.05.2010. 6.
Accordingly, the writ petition is disposed of, by directing the third respondent to consider the claim of the petitioner in his representation dated 09.01.2016, by affording an opportunity of personal hearing to the petitioner as well as other necessary parties, if any and pass appropriate orders on merits and in accordance with law and also in terms of the resolutions passed in the Peace Committing Meeting held on 21.05.2010. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs.
rk Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To 1.The Commissioner, HR & CE, Nungambakkam, Chennai.
2.The Joint Commissioner, HR & CE, Salem.
3.The Executive Officer, Sri Asaladeepeshwar Temple, Mohanur, Namakkal.
4.Fit person/THAKKAR, Sri Asaladeepeshwar Temple, Mohanur, Namakkal.
+ 1 cc to Mr.B.Jaganath, Advocate Sr 8932 + 1 cc to The Govt.Pleader, Sr 9505 KR/26/2/16 W.P.No.1639 of 2016