M/S.Arulmigu Sanjeevirayar Thirukoil v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M/s. Arulmigu Sanjeevirayar Thirukoil, Rep. by its Hereditary Trustee P.A.Kannan, S/o. Bala Krishnan Reddiar, Aavinankudi, Thitta Kudi Taluk, Cudddalore District.

... Petitioner -vs1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Cuddalore.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider the representation dated 15.09.2023 consequently directing the Respondents to permit the Petitioner to repair and renovate the Temple of the "Arulmigu Sangeevi Swamy Perumal Thirukkovil Temple". 1/6

For Petitioner : Mr. K.V.Dhanapalan For Respondents : Mr. K.Karthikeyan, Government Advocate

O R D E R

Heard Mr. K.V.Dhanapalan, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Counsel takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

It is the case of the Petitioner, viz., Arulmigu Sangeevi Swamy Perumal Thirukkovil, that the representation dated 15.09.2023 had been made seeking permission for carrying out renovation works in the Temple, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

In furtherance to the order dated 30.11.2023 passed by the Court, the Second Respondent has filed Status Report dated 13.12.2023 in which it has been stated as follows:- "5.

I submit that based on the representation of the Petitioner dated 10.11.2023 proceedings under Na. Ka. No. 943/2022/A4 dated 06.11.2023 was passed whereunder the 2/6

Petitioner/Hereditary Trustee of the subject Temple and the Division Inspector were called upon to appear on 27.11.2023 before Regional Level Experts Committee at the Office of the Joint Commissioner, Cuddalore with PPT (Power Point Presentation) with reference to the proposed renovation work for the Temple. In the said meeting held on 27.11.2023, the Petitioner/Hereditary Trustee and the Inspector were present with necessary documents. The matter was discussed and the description of proposed work in relation to renovation for the Temple was accepted and recommended and consequently it was placed before State Level committee for approval and pursuant to the above, State Level Expert Committee was convened on 08.12.2023.

By and under the said meeting, it was decided to do reconstruction for the Temple building after dismantling the old Mangalore Roof building and reconstruction was permitted to be carried out as per Agama Pattern for the Temple.

Endowments Department norms were permitted during the meeting.

6.

I submit that consequently the Hereditary Trustee of Arulmigu Sanjeevirayar Thirukoil by his letter dated 11.12.2023 has requested the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore Zone to carryout Thirupani renovation work for the Temple. As per the request of the Petitioner/Hereditary Trustee of the Temple, Order issued to Regional Sthapathy of Hindu Religious and Charitable Endowments Department, Cuddalore Zone through Cuddalore Joint Commissioner R.C. No. 943/2022/A1, dated 11.12.2023 to visit the Temple and prepare and submit drawing. After getting drawing from Regional Sthapathy, it will be submitted in upcoming Drawing Committee. After getting approval from the Drawing Committee, the Department will give permission for Donor work as per the Petitioner request."

In view of the aforesaid action taken, nothing remains for further consideration 4/6

in the Writ Petition, but it would not preclude the Petitioner, if there are any other grievances to be redressed, to work out the remedies in that regard before proper forum in the manner recognized by law. In the result, the Writ Petition is disposed on the aforesaid observations. No costs.

14.12.2023 kv Index: Yes/No NCS : Yes /No Note: Issue order copy by 31.01.2024.

To

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Cuddalore.

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P.D. AUDIKESAVALU, J.

kv 14.12.2023 6/6