Sathasivam.A v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Sathasivam
...Petitioner
Vs.
1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Hindu Religious and Charitable Endowments Department, Fort St. George, Secretariat, Chennai-600 009.
2. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
3. Arulmigu Ranganathaswamy Thirukovil, Srirangam, Rep. by the Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, Srirangam, Trichy.
4. The Tahsildar, Mannachanallur Taluk, Trichy District.
5. Chandrasekaran ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the tin sheet shed put by the fifth respondent in S.No.535/17 of Thiruvallarai Village, Mannachanallur Taluk, Trichy District, blocking the access of Arulmigu Pundarikaksha Perumal Temple, Thiruvellarai, within the time frame fixed by this Court. For Petitioner : Mr.R.Pon Karthikeyan For R-1, R-2 & R-4 : Mr.M.Lingadurai, Government Advocate (Civil) For R-3 : Mr.M.Saravanan Standing Counsel 1/3
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 to 4 to take action to remove the tin sheet shed that has been put up in front of the Arulmigu Pundarikaksha Perumal Temple, Thiruvellarai, which is said to be maintained by the State Archaeological Department.
2. When the matter came up for admission on 17.06.2021, this Court directed the learned Government Advocate to take instructions and report before this Court as to why the tin sheet shed which has been put up right in front of the Temple, has not been removed.
3. When the matter was taken up for hearing today, the learned Government Advocate appearing for the official respondents, on instructions, submitted that this tin sheet shed was put during the Aadi festival for the purpose of providing annadhanam and this is done every year and immediately, after the festival is over, the same will be automatically removed. The learned Government Advocate further submitted that the sheet will be removed immediately and it will not be permitted to be made a permanent fixture.
4. It is seen from records that the Temple in question is an ancient Temple maintained by the State Archaeological Department. The grievance of the petitioner is that the sheet that has been put up in front of the Temple virtually blocks the access to the Temple.
5. In view of the specific stand taken by the learned Government Advocate appearing on behalf of the official respondents, there shall be a direction to the third respondent to ensure that the shed is removed within a period of two (02) weeks from the date of receipt of a copy of this order. If there is any resistance, the third respondent shall take police protection and implement the order passed by this Court.
6. This Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 2/3
Note :
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To:- 1.The Principal Secretary, Government of Tamil Nadu, Hindu Religious and Charitable Endowments Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
3.The Tahsildar, Mannachanallur Taluk, Trichy District.
+1 CC to M/s.SPL GP ( SR-19891[F] dated 22/06/2021 ) +1 CC to M/s.S.PONKARTHIKEYAN, Advocate ( SR-19845[F] dated 22/06/2021 ) +1 CC to M/s.M.SARAVANAN, Advocate ( SR-19847[F] dated 22/06/2021 ) 21.06.2021 CN (30.06.2021) 3P 7C 3/3