Arul v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No,11995 of 2023 and Contempt Petition No.1488 of 2023 W.P.No.11995 of 2023:
Arul .. Petitioner Vs 1.The District Collector, Kallakuruchi District, Kallakurichi-606 202.
2.The Revenue Divisional Officer, Thirukovilur, Kallakuruchi District, PIN-605 766.
3.The Tahsildar, Ulundurpettai Taluka, Kallakuruchi District, PIN-606 107.
4.The Block Development Officer, Ulundurpettai Block, Kallakuruchi District PIN-606 107.
5.Saravanan .. Respondents Contempt Petition No.1488 of 2023:
Arul .. Petitioner Vs 1.Sravan Kumar Jatavath, I.A.S., District Collector, Kallakuruchi District, Kallakuruchi-606 202.
2.J.Yogajothi Revenue Divisional Officer, Thirukovilur, Kallakuruchi District, PIN-605 766.
3.K.Raju Tahsildar, Ulundurpettai Taluka, Kallakuruchi District, PIN-606 107.
4.K.Jayaraman Block Development Officer, Ulundurpettai Block, Kallakuruchi District PIN-606 107.
5.Saravanan
6.The Joint Commissioner, Hindu Religious and Charitable Endowments Department Villupuram District.
Respondents (Respondent No.6 impleaded as per the order dated 21.9.2023 passed in Cont.P.No.1488 of 2023) Prayer in W.P.No.11995 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to remove the additional structures constructed by the fifth respondent by encroaching Thiruppeyar Periya Eri at SF No.301/7, Thiruppeyar Village, Ulundurpet Taluka, Kallakuruchi District in the name of extending the already existing Nangooramman Temple and prevent the fifth respondent from putting up any fresh constructions in areas of Thiruppeyar Periya Eri. Prayer in Cont.P.No.1488 of 2023: Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent Nos.1, 2, 3, 4 and 5 for their willful disobedience of the order dated 19.4.2023 passed in W.
P.No.11995 of 2023 and W.M.P.No.11848 of 2023. For the Petitioner : Mr.N.Ponraj For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 4 in both Writ Petition and Contempt Petition : Mr.S.Ramajayam for respondent No.
: Mr.N.R.R.Arun Natarajan Special Government Pleader for 6th respondent in the Contempt Petition COMMON ORDER (Order of the court was made by the Hon'ble Chief Justice) Heard Mr.N.Ponraj, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4; Mr.S.Ramajayam, learned counsel for the fifth respondent in both the writ petition and the contempt petition; and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for the sixth respondent in the contempt petition.
2. It is submitted that under the garb of renovation of the temple, encroachment is made on the water body.
3. According to learned counsel for the fifth respondent, permission is obtained from the Hindu Religious and Charitable Endowments Department for construction and the construction is
being made in the premises of the temple itself. The people have donated it for the construction.
4. Learned Special Government Pleader appearing on behalf of the Hindu Religious and Charitable Endowments Department submits that the temple is 500 year old. The construction was started earlier and thereafter the fifth respondent approached the Hindu Religious and Charitable Endowments Department for permission. The permission was granted on 19.10.2023.
5. There cannot be any objection for renovation of the temple on the same foundation, as the temple is 500 year old and is protected. However, under the garb of renovation, the area should not be extended. If the area is extended, it would have a cascading effect of reducing the water body. The Hindu Religious and Charitable Endowments Department shall take steps to ensure that the renovation of the temple is done on the same foundation and that area is not extended.
6. With these observations, the writ petition and the contempt petition are disposed of. There will be no order as to costs. Consequently, W.M.P.No.11848 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index :
Yes/No Yes/No sasi To:
1.The District Collector, Kallakuruchi District, Kallakurichi-606 202.
2.The Revenue Divisional Officer, Thirukovilur, Kallakuruchi District, PIN-605 766.
3.The Tahsildar, Ulundurpettai Taluka, Kallakuruchi District, PIN-606 107.
4.The Block Development Officer, Ulundurpettai Block, Kallakuruchi District PIN-606 107.
5.The Joint Commissioner, Hindu Religious and Charitable Endowments Department Villupuram District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) W.P.No.11995 of 2023 and Cont.P.No.1488 of 2023 01.11.2023