Madras High CourtWP/29351/2025disposed of

Palanisamy v. The Commissioner

2025-08-07Honourable Mr Justice N. Anand Venkatesh16 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Palanisamy President And Managing Trustee, Sri Chendraya Perumal Seva Trust, (reg. No.Bk4/18/2022) Pukkampatti Village And Post, Mettur Taluk, Salem District.

Petitioner(s) Vs

1. The Commissioner Hindu Religious And Charitable And Endowment (HR & CE), Nungambakkam, Chennai-600 034 2.The Joint Commissioner Hindu Religious And Charitable And Endowment (HR & CE) Kottaimariamman Temple Compound, Salem -636 001, Salem District.

3.The Assistant Commissioner, Hindu Religious And Charitable And Endowment (HR & CE) Salem,

Salem District.

4.The Executive Officer /inspector Arulmigu Chendraya Perumal Temple, Pukkampatti @ Pathrakaliamman Temple Compound, Mecheri-636 453, Mettur Taluk, Salem District.

Respondent(s) PRAYER Forbearing the Respondents from preventing or obstructing the Petitioner's Trust viz., Sri Chendraya Perumal Seva Trust for construction of Arulmigu Chendraya Perumal Temple, Pukkampatti Village, Mettur Taluk, Salem District and consequently direct the Respondents 1 and 2 to grant permission for completion of construction and perform the consecration ceremonies of Arulmigu Chendraya Perumal Temple, Pukkampatti, Mettur Taluk, Salem District.

For Petitioner(s):

Mr.M.R.Jothimanian For Respondent:

Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

This present writ petition has been filed for the issue of a writ of mandamus forbearing the respondents from preventing the petitioner's Trust proceeding further with the renovation of Arulmigu Chendraya Perumal Temple, Pukkampatti Village, Mettur Taluk, Salem District and direct the 1 st and nd respondents to grant permission for completion of the construction to perform the ceremonies.

2. When the matter is taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents produced written instructions received from the 4 th respondent. The relevant portions are extracted hereunder,

3. Heard Mr.M.R.Jothimanian, the learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader appearing on behalf of the respondents.

4. On carefully going through the written instruction placed before this Court, it is seen that the construction has been commenced by the Trust without obtaining proper permission. Some progress has been made in the renovation work also. Now the funds have been allotted for the purpose of continuing with the renovation work and for conducting the Kumbabishegam.

5. In view of the same, without affecting the sentiment of the village people, it is left open to the petitioner Trust to make monetary contribution to the 4 th respondent. The 4 th respondent shall proceed further with the renovation work as per the recommendation of the Committee and it is not necessary to dismantle the work which had already been done by the Trust. The department shall complete the renovation work and proceed further to conduct Kumbabishekam by permitting all the village people to participate in the same. This Court expects that since it involves the sentiment of the villagers, there should be some cooperation by the villagers with the department to ensure that the entire renovation is completed at the earliest for the purpose of conducting the Kumbabishekam. It will also be appropriate if the villagers do not obstruct the renovation work, since the early completion will benefit the villagers and enable them to visit the temple and pray God.

6. This present writ petition stands disposed of with the above terms. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 07-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner Hindu Religious And Charitable And Endowment (hr And Ce), Nungambakkam, Chennai-600 034 2.The Joint Commissioner Hindu Religious And Charitable And Endowment (hr And Ce ) Kottaimariamman Temple Compound, Salem -636 001, Salem District.

3.The Assistant Commissioner, Hindu Religious And Charitable And Endowment (hr And Ce) Salem, Salem District.

4.The Executive Officer /inspector Arulmigu Chendraya Perumal Temple, Pukkampatti @ Pathrakaliamman Temple Compound, Mecheri-636 453, Mettur Taluk, Salem District.

N.ANAND VENKATESH J.

gd W.P.No.29351 of 2025 07.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Palanisamy Petitioner(s) Vs

3.The Assistant Commissioner, Hindu Religious And Charitable And Endowment (HR & CE) Salem, Salem District.

4.The Executive Officer /inspector Arulmigu Chendraya Perumal Temple, Pukkampatti @ Pathrakaliamman Temple Compound, Mecheri-636 453, Mettur Taluk, Salem District.

For Petitioner(s):

Mr.M.R.Jothimanian For Respondent:

Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

Today, the matter was listed under the caption "For Being Mentioned" on the ground that there are inadvertent mistakes that had crept in Paragraph Nos.1, 4 and 5 of the order. Therefore, Paragraph Nos.1, 4 and 5 of the order dated 11.07.2025 shall be replaced as follows:

"This present writ petition has been filed for the issue of a writ of mandamus forbearing the respondents from preventing the petitioner's Trust proceeding further with the construction of Arulmigu Chendraya Perumal Temple, Pukkampatti Village,

Mettur Taluk, Salem District and direct the 1 st and 2 nd respondents to grant permission for completion of the construction to perform the ceremonies.

4. On carefully going through the written instruction placed before this Court, it is seen that the construction has been commenced by the Trust without obtaining proper permission. Some progress has been made in the construction work also. Now the funds have been allotted for the purpose of continuing with the construction work and for conducting the Kumbabishegam.

5. In view of the same, without affecting the sentiment of the village people, it is left open to the petitioner Trust to make monetary contribution to the th respondent. The 4 th respondent shall proceed further with the construction work as per the recommendation of the Committee and it is not necessary to dismantle the work which had already been done by the Trust. The department shall complete the construction work and proceed further to conduct Kumbabishekam by permitting all the village people to participate in the same. This Court expects that since it involves the sentiment of the

villagers, there should be some cooperation by the villagers with the department to ensure that the entire construction is completed at the earliest for the purpose of conducting the Kumbabishekam. It will also be appropriate if the villagers do not obstruct the construction work, since the early completion will benefit the villagers and enable them to visit the temple and pray God."

2. The Registry is directed to carry out the necessary correction in the order and issue fresh order copy.

25.08.2025 Jeni Note:Registry is directed to issue order copy on 26.08.2025

3.The Assistant Commissioner, Hindu Religious And Charitable And Endowment (hr And Ce) Salem, Salem District.

4.The Executive Officer /inspector Arulmigu Chendraya Perumal Temple, Pukkampatti @ Pathrakaliamman Temple Compound, Mecheri-636 453, Mettur Taluk, Salem District.

N.ANAND VENKATESH J.

Jeni 25-08-2025