Madras High CourtWP/30277/2023disposed of

A.Radhakrishnan v. The Commissioner

2023-12-22Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Radhakrishnan ... Petitioner -vs1. The Commissioner, Hidu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai - 636001.

2. The Commissioner of Municipal Administration, Chennai - 600028.

3. The District Collector, Salem - 636001.

4. The Commissioner, Salem City Municipal Corporation, Salem - 636001.

5. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Salem - 636001.

6. The Executive Officer, Arulmigu Kottai Mariamman Thirukoil, Salem - 636001.

7. The Deputy Commissioner, Police Department, Salem.

(R7 - Sumo motu impleaded as per order dated 20.10.2023 in W.P. No. 30277 of 2023) ... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to take appropriate action and to rectify the defects pointed out in the Sixth Respondent temple by considering the Petitioner representation dated 24.08.2019 and on the basis of communication of the Sixth Respondent dated 11.12.2019. For Petitioner :

Mr. R.Marudhachalamurthy For Respondents :

Mr. E.Veda Bagath Singh, Special Government Pleader (for R2 & R3) Ms. N.Devi (for R4) Mr. K.Karthikeyan, Government Advocate (for R1, R5 & R6) Mr. R.Muniapparaj, Additional Public Prosecutor (for R7)

O R D E R

Heard Mr. R.Marudhachalamurthy, Learned Counsel for the Petitioner, Mr. K.Karthikeyan, Learned Government Advocate appearing for the First, Fifth and Sixth Respondents, Mr. E.Veda Bagath Singh, Special Government Pleader appearing for the Second and Third Respondents, Ms. N.Devi, Learned Counsel appearing for the Fourth Respondent, and Mr. R.Muniapparaj, Learned Additional Public Prosecutor, appearing for the Seventh Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2/6

The Petitioner, who claims to be a worshiper of Arulmighu Kottai Mariamman Temple in Salem Town (hereinafter referred to as the 'Temple' for short), had made representations dated 24.08.2019 and 11.12.2019 to the Fourth and Fifth Respondents for carrying out certain renovation works of the dilapidated structures of the Temple and regulate the manner of usage of the surrounding lands of the Temple which belong to the Fourth Respondent. As it did not evoke any response, the Petitioner has on 13.10.2023 filed this Writ Petition.

When the matter came up for admission on 20.10.2023, it was brought to notice that after carrying out the renovation works of the Temple, the Kumbabishegam was to be performed on 27.10.2023. In that backdrop, this Court had issued certain directions to the concerned authorities for the proper and safe conduct of the Kumbabishegam and after inspection of the premises of the Temple, submit the report relating to the arrangements to be made for free ingress and egress to the premises of the Temple. 4.

It has been informed by the Sixth Respondent in his Status Report dated 30.11.2023 that the Kumbabishegam was peacefully conducted with the 3/6

co-operation of the concerned authorities and general public and the details of further action to be taken has also been explained. It is also represented that the undertaken works have been substantially completed in the Temple. 5.

In view of the subsequent events, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner or any other person, if they still have further grievances relating to the maintenance of Temple, from working out their remedies before the proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid observations. No costs.

22.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 13.06.2024.

gsa 4/6

1. The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai - 636001.