S.Saravanan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.32259 and 32260 of 2024 S.Saravanan .. Petitioner vs.

1.The Commissioner, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Nungambakkam, Chennai-34.

3.The Assistant Commissioner,

4.The Executive Officer, Ponniyamman Temple, Edayankulathur Village, Chetpet Taluk, Tiruvannamalai District.

5.The Director, Archaeological Survey of India, Janpath, New Delhi-110 004.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 not to demolish and reconstruct the Ponniyamman Temple which is situated in Survey No.81/2 measuring an extent of 0.17.0 ares at Edayankulathur Village, Chetpet Taluk, Tiruvannamalai District and consequently to direct the respondents 1 to 4 to restore the damaged parts of the Ponniyamman temple situated at Edayankulathur Village, Chetpet Taluk, Tiruvannamalai District.

For Petitioner : Mr.G.Mutharasu For Respondents : Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE) for respondent Nos.1 to 4 : Mr.Rajesh Vivekananthan Dy. Solicitor General of India for respondent No.5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition is to direct respondent Nos.1 to 4 not to demolish and reconstruct Ponniyamman temple situated in Edayankulathur Village, Chetpet Taluk, Tiruvannamalai District.

2. Petition was lodged on 1st October, 2024 and, admittedly, the temple has been demolished on 6th October, 2024. Shri N.R.R.Arun Natarajan, counsel for the Commissioner, HR & CE Department, states the building of the temple was in a dilapidated and dangerous condition and, hence, it was demolished.

3. At the same time, Shri Arun Natarajan states that new temple will be constructed, where the same idol, which was removed from the temple that was demolished, will be installed and reconsecrated. Counsel states, at present, the idol is kept safe in accordance with agama requirements and prayers are also being conducted by the priest

appointed by respondents.

4. In view of the statement made by Shri Arun Natarajan, nothing remains in the petition.

5. Writ petition is dismissed. There shall be no order as to costs. Consequently, interim applications stand disposed of. (K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 19.10.2024 Index :

Yes/No NC :

Yes/No bbr To 1.The Commissioner, 2.The Joint Commissioner,

3.The Assistant Commissioner, 4.The Executive Officer, Ponniyamman Temple, Edayankulathur Village, Chetpet Taluk, Tiruvannamalai District.

5.The Director, Archaeological Survey of India, Janpathi, New Delhi-110 004.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

bbr 19.10.2024