M. Saravanan v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) Nos.1375, 1378 & 1381 of 2020 M.Saravanan ... Petitioner -vs1.The Union of India Rep.by its Secretary Ministry of Culture New Delhi 2.The State of Tamil Nadu Rep.by its Secretary Department of Hindu Religious and Charitable Endowments 3.The Archaeological Survey of India Rep.by its Director General 24, Tilak Marg New Delhi-110 001 4.The Superintending Archaeologist The Archaeological Survey of India Chennai Circle 5.The District Collector Office of the District Collector Thanjavur District 6.The Hindu Religious and Charitable Endowments Department Rep.by its Commissioner 119, Uthamar Gandhi Saalai Nungambakkam Chennai 1/4
7.The Commissioner of Archaeology Department of Archaeology Thanjavur Sub Circle Big Temple Complex Thanjavur 8.The Conservation Assistant Thanjavur Sub Circle Big Temple Complex Thanjavur 9.Thanjavur Aranmanai Devasthanam Rep.by its Assistant Commissioner / Executive Officer Thanjavur Aranmanai Devasthanam No.1221, West Main Street Thanjavur-613 009 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the impugned order in Na.Ka.No.297/2019/A2 dated 25.12.2019 on the file of the Respondent No.8 and quash the same as illegal.
For Petitioner : Mr.G.Prabhu Rajadurai for Mr.T.Aswin Rajasimman For Respondents : Mr.M.Karunanidhi for R1, R3, R4, R7 & R8 Mr.V.R.Shanmuganathan Special Government Pleader for R2, R5 & R6 Mr.Chandrasekaran for R9
O R D E R
[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition as a public interest litigation to issue a writ of certiorari to call for the records pertaining to the impugned order, dated 25.12.2019, on the file of the eighth respondent, and to quash the same.
2. The petitioner contended that the Authorities are conducting Consecration (Kumbabishekam) of the ninth respondent - Temple, without obtaining permission from the Archaeological Survey of India.
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3. However, Mr.M.Karunanithi, learned counsel who takes notice for the respondents 1, 3, 4, 7 and 8, submitted that Archaeological Survey of India has granted permission for conducting Consecration (Kumbabishekam) of the ninth respondent - Temple and only after obtaining permission from them, the Authorities are performing the Consecration in respect of the said Temple and the learned counsel has also produced a copy of the permission granted to the ninth respondent for conducting the Consecration.
4. In view of the production of the documents by the learned counsel appearing for the respondents 1, 3, 4, 7 and 8, the learned counsel appearing for the petitioner submitted that the writ petition may be closed.
5. Recording the submissions made by the learned counsel on either side, since the Authorities are performing the Consecration only after obtaining permission from the Archaeological Survey of India, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The Secretary, Union of India Ministry of Culture New Delhi 2.The Secretary State of Tamil Nadu Department of Hindu Religious and Charitable Endowments 3.The Director General, 24, Tilak Marg New Delhi-110 001 3/4
4.The Superintending Archaeologist The Archaeological Survey of India Chennai Circle 5.The District Collector Office of the District Collector Thanjavur District 6.The Commissioner, Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Saalai Nungambakkam, Chennai.
7.The Commissioner of Archaeology Department of Archaeology Thanjavur Sub Circle Big Temple Complex Thanjavur 8.The Conservation Assistant Thanjavur Sub Circle Big Temple Complex Thanjavur 9.The Assistant Commissioner / Executive Officer, Thanjavur Aranmanai Devasthanam No.1221, West Main Street Thanjavur-613 009 +1 CC to M/s.M.KARUNANITHI, Advocate ( SR-3464[F] dated 28/01/2020 ) and W.M.P.(MD) Nos.1375, 1378 & 1381 of 2020 28.01.2020 JMN(07.02.2020) 4P : 11C 4/4