Arimalam Nagarathaar Thirupani v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.07.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.17475 of 2018 Arimalam Nagarathaar Thirupani Kuzhu rep. by its Secretary A.Natarajan, Arulmighu Meenakshi Sundareswarar Temple/ Arimalam, No.40/1, 15th Street, R-Block, Anna Nagar, Chennai-40.
...Petitioner
Versus
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, Uttamar Gandhi Salai, Nungambakkam, Chennai-34.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, Trichy.
3. The Regional Assistant Director, Archaeological Department, No.249, Kalasundaram Street, Aamur, Trichy.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to forthwith grant permission to the petitioner to renovate and repair the temple viz. Arulmighu Meenakshi Sundareswarar Temple, Arimalam, Thirumayam Taluk, Pudukottai District and perform Kumbabhisehekam of the temple, pursuant to the report of the 3rd respondent dated 4.2.2018.
For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel M/s.AL.Ganthimathi For Respondents : Mr.M.Maharaja, Spl.G.P.
O R D E R
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 1st respondent herein to forthwith grant permission to the petitioner to renovate and repair the temple, viz. Arulmighu Meenakshi Sundareswarar Temple, Arimalam, Thirumayam Taluk, Pudukottai District and perform Kumbabhisehekam of the temple, pursuant to the report of the 3rd respondent dated 4.2.2018.
2.
Learned Senior Counsel appearing for the petitioner submitted that the petitioner claims to be the Secretary of Tirupani Kuzhu which was formed by the Nagarathaar Community People of Arimalam in Thirumayam Taluk, Pudukottai District, for the purpose of performing Kumbabhisehekam of Arulmighu Meenakshi Sundareswarar Temple, Arimalam. The said temple was being managed by the Trustees appointed from among the Nagarathars of Arimalam. The construction of the said temple was started in the year 1983 and completed in the year 1944. There are eleven Sannadhies in the said temple and every day five kala poojas are being performed in accordance with Saiva Agama Rules. 3.
The learned Senior Counsel for the petitioner further submitted that as per the Agama Vidhi, once in 12 years, the temple has to be renovated and Kumbabhishekam has to be performed. The last renovation work and Kumbabhishekam of the said temple was performed in the year 2005. As such, in 2017, the renovation work and the Kumbabhishekam are to be performed, but this has not been done. In view of passage of time, there were various cracks in the building walls and even in the Sannadhis, Vimanam, Eastern and southern side Raja Gopuram and the compound walls.
Therefore, in order to renovate the same, the Nagarathars of Arimalam have formed a Committee and assessed the repair works which are required to be done and a sketch has also been prepared and the same was submitted in detail to the respondents herein for the purpose of starting the work and performing Kumbabhishekam. Pursuant to the same, an inspection was conducted by the 3rd respondent and a report was also sent to the 1st respondent herein. But, till date, no orders have been passed in the same is the grievance of the petitioner. Hence, a direction be issued to the 1st respondent herein to forthwith grant permission to the petitioner to renovate and repair the temple viz. Arulmighu Meenakshi Sundareswarar Temple, Arimalam, Thirumayam Taluk, Pudukottai District and perform Kumbabhisehekam of the temple.
4.
Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents sought time to consider the report sent by the 3rd respondent to the 1st respondent and to do the
needful. He further submitted that the request of the petitioner to renovate the temple-in-question along with performing the Kumbhabhisekam would be considered.
5.
Placing on record the statement of the learned Special Government Pleader for the respondents, the 1st respondent is hereby directed to consider the request of the petitioner along with the report of the 3rd respondent, within a period of four weeks from the date of receipt of a copy of this Order. 6.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar tsi To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, Uttamar Gandhi Salai, Nungambakkam, Chennai-34.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, Trichy.
3. The Regional Assistant Director, Archaeological Department, No.249, Kalasundaram Street, Aamur, Trichy.
+1cc to Mr.AL.GANTHIMATHI, Advocate, S.R.No.46368 +1cc to the Government Pleader, S.R.No.46077 W.P.No.17475 of 2018 VSN II(CO) TR(20/07/2018)