Arulmigu Karpaga Vinayagar Temple v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Arulmigu Karpaga Vinayagar Temple, Rep. by its Hereditary Trustee, V.Subramanian, S/o.Valliyappa Chettiar, Konapet, Tirumayam Taluk, Pudukottai District.
... Petitioner versus
1. The Joint Commissioner, Hindu Religious and Charitable Endowment, Thanjavur.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowment, Pudukkottai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to accord sanction for Kumbabisegam application dated 19.12.2023 in respect of the petitioner's temple within the time stipulated fixed by this Court.
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For Petitioner : Mr.Arun Swaminathan For Respondents : Mr.P.Subba Raj, Special Government Pleader
ORDER
The petitioner claims that he is the Hereditary Trustee of Arulmighu Karpaga Vinayagar Temple, Konapet, Tirumayam Taluk, Pudukottai District. He has filed this writ petition for a Mandamus, directing the respondents to sanction his application dated 19.12.2023 for conducting Kumbhabishekam in the Temple.
2. The learned counsel appearing for the petitioner submits that the consecration for this Temple was conducted 15 years back and thereafter, the consecration was not conducted. Now, the Trustees of the Temple have decided to conduct Kumbhabhishekham and have also got a report from the Experts on the feasibility of conducting Kumbhabishekam. The Nagarathars of Pillayarpatti clan have also sponsored Rs.25,00,000/- for renovation of the Temple. Therefore, the petitioner has submitted an application to the respondents seeking permission for conducting Kumbhabhishekham 2/6
and for preliminary poojas. Since there was no communication from the respondents, the present writ petition has been filed.
3. Mr.P.Subba Raj, learned Special Government Pleader, takes notice for the respondents and submits that for conducting Kumbhabhishekham, the Department has sought for a report from Expert Committee consisting of Archeological Experts. They have submitted their report on 14.02.2024 and also recommended for Kumbhabhishekham. He further submits that the recommendation of the Committee would be placed before the Regional Level Committee and a report of the Regional Level Committee would be placed before the State Level Committee and thereafter, necessary orders would be passed in a short span of time.
4. This Court considered the rival submissions made.
5. Admittedly, the Kumbhabhishekham was conducted 15 years back. The Trustees themselves have made arrangements and 3/6
made an application on 15.12.2023. It appears that the Expert Committee consisting of Archeological Experts have also given consent for conducting Kumbabhisekham by their report dated 14.02.2024, which needs to be approved by the Regional Level Committee and State Level Committee.
6. Therefore, this writ petition is disposed of with a direction to the first respondent/Joint Commissioner of HR&CE Department to get concurrence from the Regional Level Committee within a period of one month from the date of receipt of a copy of this order and thereafter, place the same before the State Level Committee without any further delay and ensure that the State Level Committee is also clearing this project within a span of two months from thereon. No costs.
13.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes ogy 4/6
To
1. The Joint Commissioner, Hindu Religious and Charitable Endowment, Thanjavur.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowment, Pudukkottai.
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B.PUGALENDHI, J.
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