B.Jagannath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN B.Jagannath ..

Petitioner Vs.

1. The Commissioner (HR & CE), Uttamar Gandhi Salai Nungambakkam Chennai 600 034.

2. Joint Commissioner Thirupani Headquarters (HR & CE), Uttamar Gandhi Salai Nungambakkam Chennai 600 034.

3. The Joint Commissioner Ranipet Division (HR & CE) No.308, First Floor, Arcot Road Kakithapattari Vellore 632 012.

4. The Assistant Commissioner Ranipet District The District Collectorate Office M.B.T Road, Bharathi Nagar Ranipet 632 403.

5. The Inspector/ Executive Officer Arulmighu Jalanatheswar Temple Kalliyathamman Kovil St, Thakkolam Ranipet 631 152.

6. The Superintending Archeologist Archeological Survey of India Ministry of Culture, Government of India Fort St. George Chennai 600 009.

..

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the respondents to take all steps necessary to immediately restore Arulmighu Jalanatheswar Temple, Thakkolam by preserving the heritage of the temple (including restoration & rejuvenation of temple tank) to its ancient glory, by following the various case laws and based on the petitioner representation dated 26.05.2025.

For Petitioner :

Mr.B.Jagannath For Respondents :

Mr.N.R.R.Arun Natarajan Special Government Pleader for Respondents 1 to 5 Mr.R.Rajesh Vivekananthan Dy. Solicitor General of India for Respondent-6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In view of disclosure of certain facts made by learned counsel for respondents 1 to 5, through advance copy, looking into the nature, extent of relief sought in this petition, we are inclined to finally dispose of the petition at this stage.

2. The petitioner has prayed for issuance of writ of Mandamus to direct the respondents to take necessary steps for restoration of Jalanatheswar Temple by preserving the heritage of the temple (including restoration and rejuvenation of temple tank) to its ancient glory.

3. Learned counsel for respondents 1 to 5, on advance copy, brought to our notice that the authorities have already taken up the matter towards fulfillment of the grievance, as ventilated through this petition. He has also placed before us the resolution dated 22.11.2024 of the Regional Level Heritage Screening Committee, Vellore, followed by another resolution dated 07.01.2025 of the State Level Expert

Committee.

4. After going through the aforesaid documents and the submissions which have been advanced before us, we are satisfied that as far as the relief sought in this petition is concerned, it is not necessary to proceed further as the matter has already been taken up by the authorities.

5. We expect and hope that the resolutions which have been passed from time to time, as referred to herein above, shall lead to necessary construction/repair of the aforesaid temple. This should be done within a reasonable period.

6. Though learned counsel for the petitioner prays for issuance of time bound direction, taking into consideration the nature of exercise required to be undertaken by the respondents 1 to 5, at the first instance, we are not prescribing any strict time limit. However, in case, later on it is found that despite decision taken, the same is not being implemented within reasonable time, it will be open for the petitioner to approach this Court again.

7. With the aforesaid directions and observations, this petition, at this stage, is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 23.07.2025 Index :

Yes/No :

Yes/No kpl To

1. The Commissioner (HR & CE), Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.

2. Joint Commissioner Thirupani Headquarters (HR & CE), Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.

3. The Joint Commissioner Ranipet Division Hindu Religious and Charitable Endowment Department (HR & CE) No.308, First Floor, Arcot Road Kakithapattari, Vellore 632 012.

4. The Assistant Commissioner Ranipet District The District Collectorate Office M.B.T Road, Bharathi Nagar Ranipet 632 403.

5. The Inspector/ Executive Officer Arulmighu Jalanatheswar Temple Kalliyathamman Kovil St, Thakkolam Ranipet 631 152.

6. The Superintending Archeologist Archeological Survey of India Ministry of Culture, Government of India Fort St. George Chennai 600 009.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(kpl) 23.07.2025