Madras High CourtWP(MD)/20482/2017allowed

A.Devendran, v. The Commissioner,

2017-11-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20482 of 2017 A.Devendran ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

2. The Joint Commissioner (Renovation of Temples), Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

4. The Executive Officer of A/m, Adaikalamkatha Ayyanar Thirukovil, Having office at Kalyanaramar Thirukovil, Meemisal Post, Avudayarkovil Taluk, Pudukottai District.

5. The Commissioner, Department of Archaeology, Government of Tamil Nadu, Tamil Valarchi Vazhagam, Egmore, Chennai.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to implement the order passed by the first respondent in Na.Ka.No.66637/2015/Y.1, dated 07.01.2016 to take steps to sanction fund to renovate the temple A/m.Adaikalamkatha Ayyanar Thirukovil and A/m.Muthumariaman Thirukovil in Pattangadu, Mumbalai Village, Manamelkudi Taluk, Pudukottai District within the time prescribed by this Court.

For Petitioner : Mr.M.Karthikeyavenkitachalapathy For R1 to R3 & R5 : Mr.J.Gunaseelan Muthaiah For Respondent No.4 : Mr.G.Mathavan

O R D E R

The petitioner is a devotee of the fourth respondent temple. The fourth respondent temple is an ancient one. It is in need of renovation. The Commissioner, Hindu Religious and Charitable Endowment Department, has already issued a proceeding as early as on 07.01.2016, directing the Executive Officer of the said temple to recommend to the Archaeology Department and after getting their response, prepare an estimation for Thirupani works. Since there is no consequential action pursuant to the said proceedings dated 07.01.2016, this writ petition has been filed. 2.Heard the learned counsel on either side.

3.The fourth respondent shall submit a recommendatory proposal to the Archaeology Department within one week from today. The fifth respondent, namely, the Archaeology Department shall consider the same and revert back to the fourth respondent within four weeks there after. The fourth respondent shall submit an estimation for conducting the Thirupani works to the first respondent. In other words, the order of the first respondent dated 07.01.2016, shall be implemented within three months from the date of receipt of a copy of this order by submission of Tirupani estimate. This Writ Petition is allowed accordingly. No costs.

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