C.M.Sivababu v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU C.M.Sivababu ..
Appellant Vs.
1. The Chief Secretary State of Tamil Nadu Fort St. George, Chennai 600 009.
2. The State of Tamil Nadu Rep. by the Additional Chief Secretary to Government Revenue and Disaster Management Department Fort St. George, Chennai 600 009.
3. The Principal Secretary to Government Tourism, Culture and Religious Endowment Department Fort St. George, Chennai 600 009.
4. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Nungambakkam High Road Nungambakkam, Chennai 600 034.
5. The District Collector Collectorate, Vengikkal Tiruvannamalai 606 604.
6. The Joint Commissioner Hindu Religious and Charitable Endowments Department Gandhi Nagar Tiruvannamalai Tiruvannamalai District.
7. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Thiruvoodal Street Tiruvannamalai Tiruvannamalai District.
8. The Tahsildar Taluk Office Tiruvannamalai Tiruvannamalai District.
..
Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 31.03.2023 made in W.P.No.10181 of 2023. For the Appellant : Mrs.A.Karthika For the Respondents : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.NRR.Arun Natarajan Special Government Pleader & Ms.A.Shakeena
JUDGMENT
(Delivered by the Hon'ble Chief Justice) We have heard Mrs.A.Karthika, learned counsel for the appellant and Mr.R.Shunmugasundaram, learned Advocate General, assisted by Mr.NRR.Arun Natarajan, learned Special Government Pleader and Ms.A.Shakeena, learned counsel for the respondents.
2. The appellant assails the order of the learned Single Judge.
3. Learned counsel for the appellant submits that the structure of the Annamalaiyar Temple situated in Tiruvannamalai is a world famous temple. Ammani Amman Madam was constructed opposite to north tower. Before the construction of north tower, the Madam was built by Ammani Amman. The respondents, while removing the encroachments, also demolished a part of the Ammani Amman Madam.
4. Learned Advocate General submits that the encroacher had
illegally constructed a house and the same was demolished. While demolishing it, a part of the Madam was also affected. The respondents are not going to demolish the remaining structure of the Madam. However, they would construct facilities for the pilgrims.
5. In view of the said submission, the apprehension of the appellant stands redressed. The respondents may reconstruct the affected structure to its original position as far as possible.
6. With the aforesaid observations, the writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.13525 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 04.07.2023 Index : Yes/No kpl
To
1. The Chief Secretary State of Tamil Nadu Fort St. George, Chennai 600 009.
2. The Additional Chief Secretary to Government Revenue and Disaster Management Department Fort St. George, Chennai 600 009.
3. The Principal Secretary to Government Tourism, Culture and Religious Endowment Department Fort St. George, Chennai 600 009.
4. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Nungambakkam High Road Nungambakkam, Chennai 600 034.
5. The District Collector Collectorate, Vengikkal Tiruvannamalai 606 604.
6. The Joint Commissioner Hindu Religious and Charitable Endowments Department Gandhi Nagar Tiruvannamalai Tiruvannamalai District.
7. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Thiruvoodal Street Tiruvannamalai, Tiruvannamalai District.
8. The Tahsildar Taluk Office Tiruvannamalai, Tiruvannamalai District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 04.07.2023