Madras High CourtWP/30983/2016disposed of

Kottai Sree Periya v. The Commissioner

2017-02-10Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.02.2017

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.30983 of 2016 and WMP.No.26864 of 2016 Kottai Sree Periya Mariyamman Charitable Trust Rep.by its Founder, S.Ranjini Senthil @ S.Senthil Kumar .. Petitioner

Versus

1.The Commissioner, Hindu Religious and Charitable, Endownment Department, Nungambakkam High Road, Chennai 636 0034.

2.The Joint Commissioner, Hindu Religious and Charitable, Endownment Department, Salem.

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

4.The Executive Officer, Arulmighu Kottai Mariyamman Temple, Salem.

5.N.Subramanian (Contractor) 6.N.Subramanian(Contractor) .. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation dated 30.08.2016 for issuance of the Blue Print of the construction plan to the petitioner or to be noticed in the temple premises before demolition or modifying the Sanctum Santorum of this Shree Kottai Mariyamman Temple, Salem.

For Petitioner : Mr.S.Senthilkumar For R1to R4 : Mr.M.Maharaja (H.R.& C.E.) Spl.Govt.Pleader For R5 : Mr.R.Bharanidharan

O R D E R

Today, when the matter is taken up for hearing, it is brought to the notice of this Court by the learned Special Government Pleader that the First Bench has constituted a Committee and has produced the same, which is evident in W.P.No.574 of 2015 dated 07.11.2016. For ready reference, the relevant committee is extracted hereunder:

i) Structural Engineering Expert: Dr.Arun Menon, Assistant Professor Structural Engineering Lab, IIT ii) Archaeological Expert : M/s.Maheswari Superintending Archaeologist iii) Conservation Expert : Mr.Sathyamoorthy iv) Traditional Sthapathi : Padmashri Muthiah Sthapathi v) Two Agma Experts i) Sri.Stala Shayana Bhattacharyar ( Vaikhanasa Agama Vidvan Vyakarna Shiromani), Poondhur, Kadukkalur Village, Cheyyur Taluk, Kanchipuram District.

Mob.No.77807 10131 ii) Dr.S.Arunasundaram, M.A., M.Phil, Ph.D (Shaivagama) Assistant Professor of Vyakarana, The Madras Sanskrit College,Mylapore.

Mob.No.94436 60480.

E-mail:

arunasundaram@rocketmail.com vi) Member Secretary - Additional Commissioner (Thiruppani), Hindu Relgious & Charitable Endownments Department.

2. The petitioner has earlier approached this Court by way of a Writ Petition in W.P.No.28909 of 2015 seeking direction to the respondents not to demolish the original structure of the Sanctum Sactorium. This Court, disposed of the said Writ Petition by giving certain directions on 15.09.2015.

3. A perusal of the earlier order dated 02.09.2016 in this Writ Petition would go to show that the learned counsel for the petitioner has submitted that under the guise of doing renovation work, the main Sanctum sought to be demolished and is utter violation of the orders dated 30.11.2015 and 05.07.2016 passed in W.P.No.574 of 2015 by the Hon'ble First Bench of this Court. Subsequently by way of an interim measure this Court directed the respondents 1 to 4 to carry out the renovation work except the Sanctum.

4. In view of the submission made by the learned Special Government Pleader appearing for the respondents, this Court directs the petitioner to approach the concerned committee by way of representation addressing all his grievances and the said committee shall take decision as directed by the First Bench with regard to renovation.

5. In view of the same, no further order is necessary and resultantly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kkd To 1.The Commissioner, Hindu Religious and Charitable, Endownment Department, Nungambakkam High Road, Chennai 636 0034.

2.The Joint Commissioner, Hindu Religious and Charitable, Endownment Department, Salem.

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

4.The Executive Officer, Arulmighu Kottai Mariyamman Temple, Salem.

+1cc to M/s.R.Karthikeyan,Advocate sr.9006 +1cc to Government Pleader,High Court,Madras.sr.9286 +1cc to Mr.K.S.Senthil Kumar,Advocate sr.9184(24/4/2017) W.P.No.30983 of 2016 and WMP.No.26864 of 2016 rsk(co) ss(14/3/2017)