D.Mathiazhagan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15652 of 2025 & W.M.P.No.17700 of 2025 D.Mathiazhagan, Oor Gounder, Hereditary Trustee, Arulmighu Amani Kondalampatti Mariyamman Temple, Amani Kondalampatti, Salem 636 010.

... Petitioner /versus/

1. The Tahsildar Salem South Taluk, Maniyanoor, Salem 636 010.

2. N.Vellimalai Amani Kondalampatti Village, Salem South Taluk, Salem District.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

... Respondents R3 is impleaded as suo motu by this Court in W.P.No.15652 of 2025 (DBCJ) Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to forthwith permit the petitioner to do the renovation and painting work in the Arulmighu 1/5

Mariyamman Tample, Amani Kondalamapatti, Salem, by considering and passing necessary orders on the representation of the petitioner dated 21.04.2025.

For Petitioner : Mr.K.Selvaraj.

For Respondent : Mr.R.Murthi, Government Advocate, for R1 : Mr.K.Karthikeyan, Government Advocate, (HR&CE), for R3 for R1 to R3, R5 & R6

O R D E R

The writ petition is filed for a mandamus directing the 1st respondent to forthwith permit the petitioner to do the renovation and painting work in Arulmighu Mariyamman Tample, Amani Kondalamapatti, Salem.

2. The Learned Counsel for the petitioner would submit that the ceiling is coming of and therefore, the very structure itself would become in a dangerous condition unless the repair works are carried on an emergency basis. The photograph that is produced along with the writ petition is also relied upon. It is stated that the second respondent and other persons are physically preventing him from carrying out the works.

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3. The petitioner claims to be Hereditary Trustee of the temple. If so, the role of the first respondent would come only when there is any law and order issue. But however, who has to carry out the renovation work is to be determined by the HR&CE authorities.

4. In view thereof, the Assistant Commissioner, HR&CE Department, Salem is suo moto impleaded as the 3rd respondent. The 3rd respondent shall forthwith inspect the Temple in question namely, Arulmighu Mariyamman Tample, Amani Kondalamapatti, Salem. The 3rd respondent shall ascertain as to who is in the Management of the temple. If the petitioner is the Managing Trustee in the Management of Temple, shall issue an order permitting the petitioner to carry out such work, by duly following the Division Bench judgment. The opinion of the Heritage Committee has to be obtained etc, then it is also made clear that in the meanwhile any emergent steps to prevent the falling of the ceiling etc., has to be taken, the same has also to be taken.

To determine the issue, the 3rd respondent shall also issue notice to the petitioner as well as the second respondent and any other person interested and decide the matter.

decide as to who can carry out the Thirupani work and so that, the Temple is repaired and maintained in a condition so as to enable the devotees to worship the deity.

5. This writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs. 29.04.2025 :No.

bsm To,

1. The Tahsildar Salem South Taluk, Maniyanoor, Salem 636 010.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

3. The Government Pleader, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY, J.

bsm Writ Petition No.15652 of 2025 29.04.2025 5/5