S.Sundaram v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP NO. 40624 OF 2025

1. S.Sundaram 2.R.M.Ramamoorthi 3.K.Maruthamuthu 4.M.Ramkumar 5.S.Bharathvasan Petitioner(s) Vs

1. The State of Tamil Nadu Rep. By its Secretary to the Government, Tourism, Culture And Religious Endowments Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Commissioner Tourism, Culture And Religious Endowments Department, 119, Nungambakkam High Road, Chennai-600 034.

3.The Commissioner of Land Administration, Government Of Tamil Nadu, Chepauk, Chennai-600 005.

4.The District Collector Tiruvannamalai 606 601.

5.Arulmigu Arunachaleswarar Thirukoil Rep. By The Joint Commissioner Cum Executive Officer, Pavazhakundur, Tiruvannamalai-606 601.

Respondent(s) PRAYER; This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 5 to implement G.O. (Ms) No.336 Tourism, Culture and Religious Endowments Department dated 14.09.2023 and construct the small shops near East Rajagopuram of the Arulmigu Arunachaleswarar Thirukoil at Pavazhakundur, Tiruvannamalai District within a time frame to be fixed by this Honourable court.

For Petitioner(s):

Mrs.N.Kalaivani For Respondent:

Mr.NRR.Arun Natarajanm SGP RR2 & 5 Mr.P.Ganesan, AGP RR1, 3 & 4

ORDER

The writ petition has been filed seeking a direction to the respondents 1 to 5 to implement G.O. (Ms) No.336 Tourism, Culture and Religious Endowments Department, dated 14.09.2023 and construct the small shops near East Rajagopuram of the Arulmigu Arunachaleswarar Thirukoil at Pavazhakundur, Tiruvannamalai District.

2. It is the case of the petitioner that the petitioners are selling pooja items near the East Rajagopuram of the Arunachaleswarar Temple, Tiruvannamalai about six decades. In the meanwhil, the first respondent issued G.O.Ms.No.336 dated 14.09.2023 sanctioning construction of small, permenant shops near the east Rajagopuram. The proposed shops are designed with limited height, no exceeding the boundary wall ensuring that the visibility of the Rajagopuram. While the matter stood thus, the third parties without impleading the petitioners have filed a writ petition before this Court in W.P.no.34810 of 2023 and 11240 of 2023 seeking to quash the above said GO. The petitioners, who are direct stakeholders, have now been constrained to approach this Court to safeguard their rights. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to implement the above said GO and to construct the small shops near the East Rajagopuram of the Temple within the stipulated time as fixed by this Court.

4. Per contra, the learned Special Government Pleader submitted that already the Hon'ble Division Bench of this Court seized up the matter and again, the petitioner has come up before this Court for the very same issue and the same is not maintainable.

5. Heard the learned counsel on either side and perused the materials available on record.

6. The petitioners have filed the writ petition for mandamus for implementing the GO.Ms.No.336 dated 14.09.2023. The very same GO was challenged before the Hon'ble Division Bench of this Court in W.P.no.34810 of 2023 and 11240 of 2024. This Court vide its order 25.09.2025, granted interim order restraining the respondents for the construction either inside the temple premises or outside the temple premises of the Arulmigu Arunachaleswarar Thirukoil, Thiruvannamalai. Hence, the prayer sought for by the petitioner cannot be granted.

7. In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

07-10-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Secretary To The Government, Tourism, Culture And Religious Endowments Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Commissioner Tourism, Culture And Religious Endowments Department, 119, Nungambakkam High Road, Chennai-600 034.

3.The Commissioner Of Land Administration, Chepauk, Chennai-600 005.

4.The District Collector Tiruvannamalai 606 601.

5.The Joint Commissioner Cum Executive Officer, Arulmigu Arunachaleswarar Thirukoil Pavazhakundur, Tiruvannamalai-606 601.

M.DHANDAPANI J.

rli 07-10-2025