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நீதிபதிகள் ராஜா மற்றும் சவுந்தர் அடங்கிய அமர்வு, கோவில்களை பாதுகாக்க வேண்டிய கடமை அறநிலையத் துறை அதிகாரிகளுக்கு உள்ளதாகவும், புராதன கோவில்களை அழிக்க அனுமதித்தால், அவற்றை நிர்வகிக்கும் கேள்வி எழாது எனத் தெரிவித்தனர். மேலும், அறநிலையத் துறை ஆணையர் விரிவான விசாரணையை நடத்தி கோவிலின் உண்மையான இருப்பிடத்தை மூன்று மாதங்களில் கண்டறிய வேண்டும். THE HON’BLE MR.JUSTICE T.RAJA and THE HON’BLE MR.JUSTICE S.SOUNTHAR No.33758 of 2018and W.M.P.No.39189 of 2018

by ·

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDERS RESERVED ON    :29.04.2022

ORDERS PRONOUNCED ON    : 21.06.2022 CORAM:

THE HON’BLE MR.JUSTICE T.RAJA and

THE HON’BLE MR.JUSTICE S.SOUNTHAR

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

C.M.Sivababu

President,

Tamil Desiya Makkal Katchi,

No.180/32, Ayyakannu Mudaliar Street,

Tiruvannamalai,

Tiruvannamalai District-606 601.                               …Petitioner

vs.

1.The State of Tamil Nadu,

Rep. By its Secretary to State,

Department of Hindu Religious and

Charitable Endowments,

Fort St. George,     Chennai-600 009.

2.The Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Nungambakam High Road,     Chennai-600 034.

3.The District Collector,     Vengikkal, Thiruvannamalai,     Thiruvannamalai District.

4.The Joint Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Villupuram District.

5.The Joint Commissioner,

Department of Hindu Religious and

Charitable Endowments,

Arulmigu Arunachaleswarar Temple,     Thiruvannamalai.

6.The Commissioner,

Thiruvannamalai Municipality,     Thiruvannamalai.

7.The Assistant Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Thiruvannamalai.

8.The Revenue Divisional Officer,

Taluk Office,

Thiruvannamalai District.

9.The Tahsildar,

Taluk Office,

Thiruvannamalai District.

 

10.Venkatesan,

11.M/s. Only Coffee Kumbakonam Degree Filter Coffee,

Rep. By its Proprietor / Occupant,

Bali Theertham,

Chengam Road, Thiruvannamalai District.                         …Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India to issue a WRIT OF MANDAMUS directing respondent 1 to 9 to restore the Arulmigu Bhaktha Markandeya Temple by Reconstructing it in the same place near Bali Theertham, Chengam Road, Thiruvannamalai, Thiruvannamalai District, as per the Agama Dharmas, by consecrating the presiding Deity along with the Stolen Idols and other artefacts recovered there with after removing the existing illegal structure in view of the petitioner’s representation dated 08.09.2017 made to the respondents herein.

For Petitioner           : Mr.J.Ashok

For R1,R2,R4 & R7             :Mr.Arun Natarajan

(Special Government Pleader)

 

For R3, R6, R8, R9 :Mr.K.V.Sajeevkumar

(Special Government Pleader)

For R5      :Mr.Sriram

for M/s.A.S.Kailasam & Associates

For R10 & R11 :Mr.T.N.Rajagopal

for S.Kaithamalaikumaran

:Mr.K.Kumaran

(Advocate Commissioner)

O R D E R

[Order of the Court was made by S.SOUNTHAR, J.]

The petitioner has come up with this writ petition, seeking a direction to respondents 1 to 9 herein, to restore the Arulmigu Bhaktha Markandeya Temple by reconstructing it in the very same place where it stood before its demolition near Bali Theertham, Chengam Road, Thiruvannamalai and other incidental relief by taking into consideration the representation of the petitioner dated 08.09.2017. The case of the petitioner is that there was a temple called Arulmigu Bhaktha Markandeya Temple at Chengam Road, near Bali Theertham, Thiruvannamalai in Girivalam Route around Thiruvannamalai mountain.

  1. The petitioner submitted that the said temple was a sub-temple of Arulmigu Arunachaleswarar Temple, Thiruvannamalai and the same was situated in a Government Poromboke land. According to the petitioner, the respondents 10 and 11 put up a coffee shop in a land adjacent to above the said temple and gradually they encroached the temple and ultimately demolished it and put up a new building. Subsequently at the  instance of the petitioner, the HR&CE authorities lodged a police complaint regarding the illegal act of demolition   of the temple and an F.I.R. was registered in Crime No.193 of 2014 on the file of Town Police Station Tiruvannamalai, against the 10th respondent and others. The idol of presiding deity of Arulmigu Bhaktha Markandeya Temple was subsequently found inside a well near the temple. Though the above said illegal act of the respondents 10 and 11 were brought to the notice of the HR&CE officials and other authorities, they have not taken any steps to protect or restore the temple. Now the respondents 1 to 9 are duty bound to reconstruct the temple of Arulmigu Bhaktha Markandeya Temple at very same place where it was initially located after removing existing illegal structure put up by the respondents 10 and 11.
  2. The respondents 3 and 8 filed their respective counter, wherein they have narrated the cooperation rendered by them to the Advocate Commissioner appointed by this Court by order dated 22.02.2019, to inspect the property in question namely Arulmigu Bhaktha Markandeya Temple, to measure the disputed property with the help of the revenue officials and file a detailed report. Both of them in the counter submitted that considerable efforts have been made to conduct a detailed enquiry to ascertain the exact location of the Arulmigu Bhaktha Markandeya Temple which was in existence. The respondents 3 and 8 were not sure about the exact location of the Arulmigu Bhaktha Markandeya Temple. However, the existence and demolition of the same is beyond doubt.
  3. The contesting 11th respondent filed a counter wherein he admitted the existence of the Arulmigu Bhaktha Markandeya Temple. However he claimed that the Arulmigu Bhaktha Markandeya Temple originally stood at T.S.No.8, Chengam Road, Thiruvannmalai and he denied the core   submission of the petitioner that he put up his coffee shop after the demolition of the temple. However it was his case that his coffee shop situated in 1852/6A which is his patta land. According to him, the temple was originally stood in front of his existing coffee shop and the survey number of the land in which the temple originally stood  was in survey No.8 which is a highways land.
  4. This Court by order dated 22.02.2019 appointed an Advocate

Commissioner to visit and inspect the property in question namely

Arulmigu Bhaktha Markandeya Temple situated at T.S.No.8, Block No1, Ward No.3, Chengam Road, in Thiruvannamalai, measure the same with the help of the revenue officials and file a detailed report. Accordingly a report was filed by the Advocate Commissioner dated 14.03.2019, along with supporting documents.

  1. The perusal of the Advocate Commissioner’s report  and supportive documents filed by him make it clear that existence of the Arulmigu Bhaktha Markandeya Temple in Chengam Road, near Bali Theertham, Thiruvannmalai District and its demolition were beyond any doubt. However the exact location of the demolished temple with the survey number appeared to be un-ascertainable. Even the petitioner in his affidavit filed in support of the writ petition has not stated the survey number in which Arulmigu Bhaktha Markandeya Temple was originally situated. He only said that the temple stood in a Government Poromboke land in Chengam Road. The Advocate Commissioner in his report referred to the sketch  [document no.2 filed along with the report] furnished to him by town Surveyor. In the said sketch, Arulmigu Bhaktha Markandeya Temple was mentioned in Town Survey No.8 in the land belongs to the highways department in front of Kumbakonam Degree Coffee shop. It was further mentioned that the coffee shop of the 11th respondent was constructed in his patta land situated in Survey no.1852/6A on the Southern side of the road, however the front portion of the 11th respondent’s coffee shop protruding into the highways Town Survey No.8. As per the document No.2 relied on by the Advocate Commissioner’s report, an extent of 0.00145 Sq.meters of Government Poromboke land (road) in T.S.No.8 has been encroached by the 11 respondent and in the said encroached area on the North-Eastern side, the original location of the demolished temple with an extent of 0.00065 meters had been earmarked [ the said area is washed in maroon colour in sketch in document No.2 submitted by the Advocate Commissioner’s report]. The Advocate Commissioner also mentioned that though the revenue officials informed him that  Arulmigu Bhaktha Markandeya Temple was situated in T.S.No.8, he perused the revenue records like Adangal etc., but he did not find any mention about the temple there on.
  2. The Advocate Commissioner in paragraph 10 of his report also mentioned that the owners of the 11th respondent coffee shop namely R.Senthilkumar and R.Ramesh informed him that they have no objection for reconstruction of the  Arulmigu Bhaktha Markandeya Temple in T.S.No.8 which belongs to the highways department in front of his coffee shop. The Superintendent of Arulmigu Arunachaleswarar Temple, Thiruvannamalai gave a statement before the Commissioner that  Arulmigu Bhaktha Markandeya Temple was originally situated partly in T.S.No.1852/6A (patta land belongs to petitioner) and partly in T.S.No.8 (highways land).

However, there was no documentary evidence produced by the temple authorities to show the Survey number of temple or its original location. Therefore it is clear that the existence and demolition of Arulmigu Bhaktha Markandeya Temple is beyond any doubt. But however the exact location of the demolished temple is unascertainable. During the Course of the argument Mr.T.N.Rajagopal, the learned counsel representing Mr.Kaithamalaikumaran, the learned counsel on record, on instruction from the parties submitted that 11th respondent has no objection for reconstruction of the demolished temple in front of his shop in T.S.No.8 belongs to highways department, the same is recorded.

  1. The respondents 1, 2, 4, 5, 7 who are all the officials of HR&CE department are under the statutory duty to protect the temples under their control and its antiquity. Under Section 23 of Tamil Nadu HR&CE Act the Commissioner has power to pass any order which may be deemed necessary to ensure that temples are properly administered. The said power include duty to maintain and protect temples. If ancient temples are allowed to be obliterated silently, the question of administering the same will not arise.

Therefore there is no doubt that the officials of HR&CE Department have a statutory duty to protect the temple and its antiquity. It appears the department has laid a criminal complaint regarding the illegal act of demolition of temple and an F.I.R., was also registered as mentioned above. It was informed by the learned Special Government Pleader representing respondents 3, 8 and 9 that the investigation was transferred to Deputy Superintendent of Police, Idol Wing, CID North Zone, PTC Campus and it was further informed that the investigation was already completed and final report is likely to be filed. In order to explore the possibility of reconstruction of the Arulmigu Bhaktha Markandeya Temple, this Court by order 26.04.2022 recording the request made by Special Government Pleader for respondents 3, 8 & 9 and Special Government Pleader for HR&CE, directed the officials of the revenue and HR&CE departments and the Municipal Commissioner to jointly inspect the place in question for the purpose of restoring the demolished temple. Subsequently the 9th respondent herein filed a report dated 27.04.2022 in R.C.letter.No.F1/5268/2022, submitting that the demolished temple originally stood in S.No.538/A. Block no,1, ward no.3, Thiruvannamalai Town, in a Government poromboke land belongs to the highways department. Along with his report he enclosed a report submitted by 8th respondent dated 08.05.2019 in Ka.No:A5/1131/2019 wherein she submitted that Arulmigu Bhaktha

Markandeya Temple situated in Patta land belongs to private individuals

(R11) in New T.S.No.1852/6, Block 33, Ward 4 of Thiruvannamalai Town. The Advocate Commissioner also mentioned about the difficulties in finding out exact location of the demolished temple. Hence it  is not clear in which Survey number Arulmigu Bhaktha Markandeya Temple stood before its demolition. The counsel appearing for the HR&CE department Mr.Arun Natarajan, the  Special Government Pleader for R1, R2, R4 and R7 and Mr.Sriram for R5 also expressed their readiness for reconstruction of the temple in the original site.

  1. In the light of the stand taken by the contesting 11th respondent that he has no objection for the reconstruction of the demolished temple in front of his coffee shop in Government poromboke land in T.S.No.8 and also willingness of HR&CE department, the temple officials for reconstruction of the temple, and also by taking into consideration the difficulty in locating the exact location of old structure, we direct 2nd respondent to conduct a detailed enquiry either himself or through Jurisdictional Joint Commissioner after issuing notice to all the interested parties including the petitioner and 11th respondent and find out and ear mark exact location of illegally demolished Arulmigu Bhaktha Markandeya Temple within three months from the date of receipt of copy of this order. Once the exact location is earmarked by the 2nd respondent as directed, respondents 1 to 9 are directed to reconstruct the Arulmigu Bhaktha Markandeya Temple within 6 months thereafter preferably in the very same size and style as captured in photographs filed by the petitioner preserving antique nature of the temple as far as possible and install the recovered presiding idol following appropriate agama rules and rituals. It is made clear in the enquiry to be conducted by the 2nd respondent or his subordinate official as directed above, if it is found that 11th respondent had encroached any portion of land in which Arulmigu Bhaktha Markandeya Temple originally stood, it is needless to say that Jurisdictional Joint Commissioner has got sweeping powers under Section 78 of HR & CE Act to remove such encroachment by following due process of law to facilitate reconstruction of the temple in the same place. The petitioners as well as 11th respondent are directed to cooperate with the officials for reconstruction of the temple and installation of original idol said to have been recovered, within a time frame as stated above.
  2. In nut shell the writ petition is disposed of with the following directions:
  3. The 2nd respondent shall conduct an enquiry either himself or through Jurisdictional Joint Commissioner along with the 9th respondentTashildar after issuing notice to all the interested parties including writ petitioner and  11th respondent and find out exact location of Arulmigu Bhaktha Markandeya Temple within three months from receipt of copy of this order.
  4. On such an order being passed by the 2nd respondent, localising the land area in which old demolished temple stood, respondents 1 to 9 are directed to reconstruct the Arulmigu Bhaktha Markandeya Temple in the said land within 6 months there from as indicated above.
  5. In the enquiry to be conducted by the 2nd and 9th respondent, if it is found that the 11th respondent has encroached any portion of land in which Arulmigu Bhaktha Markandeya Temple originally stood before

demolishtion, the 2nd respondent shall remove such encroachment through Jurisdictional Joint Commissioner to facilitate reconstruction of the same temple.

  1. All these process shall be completed within 9 months from the date of copy of this order and compliance report shall be filed before this Court with photograph of the reconstructed temple.

 

  1. Accordingly, this writ petition is disposed of. No costs.

Connected Miscellaneous petition is closed.

[T.R.,J]       [S.S.,J]

21.06.2022

Index: Yes/ No

Speaking Order / Non-Speaking Order

jai

To

1.The State of Tamil Nadu,

Rep. By its Secretary to State,

Department of Hindu Religious and

Charitable Endowments,

Fort St. George,     Chennai-600 009.

2.The Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Nungambakam High Road,     Chennai-600 034.

3.The District Collector,

Vengikkal, Thiruvannmalai,     Thiruvannmalai District.

4.The Joint Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Villupuram District.

5.The Joint Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Arulmigu Arunachaleswarar Temple,     Thiruvannmalai.

6.The Commissioner,

Thiruvannamalai Municipality,     Thiruvannamalai.

7.The Assistant Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Thiruvannamalai.

8.The Revenue Divisional Officer,

Taluk Office,     Thiruvannamalai District.

9.The Tahsildar,     Taluk Office,

Thiruvannamalai District.

T.RAJA,J.

  & S.SOUNTHAR, J.

jai

Pre Delivery Order

W.P.No.33758 of 2018 and W.M.P.No.39189 of 2018

          

21.06.2022

W.P.No.33758 of 2018 and W.M.P.No.39189 of 2018

T.RAJA, J.

& S.SOUNTHAR, J.

After pronouncing the orders, Mr.T.N.Rajagopal, learned counsel for the respondents 10 and 11, requested this Court to consider his prayer for desealing the coffee shop, that was sealed on 20.12.2018.

  1. It is seen from the records that Division Bench of this Court, while dealing with Crl.O.P.No.23710 of 2018, has passed two orders; one on 19.12.2018 directing the Deputy Superintendent of Police, Tiruvannamalai, and the Inspector of Police, Tiruvannamalai Police Station, to seal the coffee shop in question and by another order dated 25.01.2019, this Court directed the

Surveyor, Tiruvannamalai Taluk, with the assistance of the Village

Administrative Officer and under the supervision of the Tahsildar,

Tiruvannamalai, to survey the land in question.  This apart, the above said Crl.O.P.No.23710 of 2018 was also disposed of on 15.02.2019.  Therefore, taking note of all these three orders passed by the Division Bench of this Court, we hereby give liberty to the learned counsel for the respondents 10 and 11 to move

T.RAJA,J.

  & S.SOUNTHAR, J.

jai

appropriate application in Crl.O.P.No.23710 of 2018 for seeking appropriate

relief, if so advised.

[T.R.,J]       [S.S.,J]

21.06.2022

jai

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDERS RESERVED ON    :29.04.2022

ORDERS PRONOUNCED ON    : 21.06.2022 CORAM:

THE HON’BLE MR.JUSTICE T.RAJA and

THE HON’BLE MR.JUSTICE S.SOUNTHAR

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

C.M.Sivababu

President,

Tamil Desiya Makkal Katchi,

No.180/32, Ayyakannu Mudaliar Street,

Tiruvannamalai,

Tiruvannamalai District-606 601.                               …Petitioner

vs.

1.The State of Tamil Nadu,

Rep. By its Secretary to State,

Department of Hindu Religious and

Charitable Endowments,

Fort St. George,     Chennai-600 009.

2.The Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Nungambakam High Road,     Chennai-600 034.

3.The District Collector,     Vengikkal, Thiruvannamalai,     Thiruvannamalai District.

4.The Joint Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Villupuram District.

5.The Joint Commissioner,

Department of Hindu Religious and

Charitable Endowments,

Arulmigu Arunachaleswarar Temple,     Thiruvannamalai.

6.The Commissioner,

Thiruvannamalai Municipality,     Thiruvannamalai.

7.The Assistant Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Thiruvannamalai.

8.The Revenue Divisional Officer,

Taluk Office,

Thiruvannamalai District.

9.The Tahsildar,

Taluk Office,

Thiruvannamalai District.

 

10.Venkatesan,

11.M/s. Only Coffee Kumbakonam Degree Filter Coffee,

Rep. By its Proprietor / Occupant,

Bali Theertham,

Chengam Road, Thiruvannamalai District.                         …Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India to issue a WRIT OF MANDAMUS directing respondent 1 to 9 to restore the Arulmigu Bhaktha Markandeya Temple by Reconstructing it in the same place near Bali Theertham, Chengam Road, Thiruvannamalai, Thiruvannamalai District, as per the Agama Dharmas, by consecrating the presiding Deity along with the Stolen Idols and other artefacts recovered there with after removing the existing illegal structure in view of the petitioner’s representation dated 08.09.2017 made to the respondents herein.

For Petitioner           : Mr.J.Ashok

For R1,R2,R4 & R7             :Mr.Arun Natarajan

(Special Government Pleader)

 

For R3, R6, R8, R9 :Mr.K.V.Sajeevkumar

(Special Government Pleader)

For R5      :Mr.Sriram

for M/s.A.S.Kailasam & Associates

For R10 & R11 :Mr.T.N.Rajagopal

for S.Kaithamalaikumaran

:Mr.K.Kumaran

(Advocate Commissioner)

O R D E R

[Order of the Court was made by S.SOUNTHAR, J.]

The petitioner has come up with this writ petition, seeking a direction to respondents 1 to 9 herein, to restore the Arulmigu Bhaktha Markandeya Temple by reconstructing it in the very same place where it stood before its demolition near Bali Theertham, Chengam Road, Thiruvannamalai and other incidental relief by taking into consideration the representation of the petitioner dated 08.09.2017. The case of the petitioner is that there was a temple called Arulmigu Bhaktha Markandeya Temple at Chengam Road, near Bali Theertham, Thiruvannamalai in Girivalam Route around Thiruvannamalai mountain.

  1. The petitioner submitted that the said temple was a sub-temple of Arulmigu Arunachaleswarar Temple, Thiruvannamalai and the same was situated in a Government Poromboke land. According to the petitioner, the respondents 10 and 11 put up a coffee shop in a land adjacent to above the said temple and gradually they encroached the temple and ultimately demolished it and put up a new building. Subsequently at the  instance of the petitioner, the HR&CE authorities lodged a police complaint regarding the illegal act of demolition   of the temple and an F.I.R. was registered in Crime No.193 of 2014 on the file of Town Police Station Tiruvannamalai, against the 10th respondent and others. The idol of presiding deity of Arulmigu Bhaktha Markandeya Temple was subsequently found inside a well near the temple. Though the above said illegal act of the respondents 10 and 11 were brought to the notice of the HR&CE officials and other authorities, they have not taken any steps to protect or restore the temple. Now the respondents 1 to 9 are duty bound to reconstruct the temple of Arulmigu Bhaktha Markandeya Temple at very same place where it was initially located after removing existing illegal structure put up by the respondents 10 and 11.
  2. The respondents 3 and 8 filed their respective counter, wherein they have narrated the cooperation rendered by them to the Advocate Commissioner appointed by this Court by order dated 22.02.2019, to inspect the property in question namely Arulmigu Bhaktha Markandeya Temple, to measure the disputed property with the help of the revenue officials and file a detailed report. Both of them in the counter submitted that considerable efforts have been made to conduct a detailed enquiry to ascertain the exact location of the Arulmigu Bhaktha Markandeya Temple which was in existence. The respondents 3 and 8 were not sure about the exact location of the Arulmigu Bhaktha Markandeya Temple. However, the existence and demolition of the same is beyond doubt.
  3. The contesting 11th respondent filed a counter wherein he admitted the existence of the Arulmigu Bhaktha Markandeya Temple. However he claimed that the Arulmigu Bhaktha Markandeya Temple originally stood at T.S.No.8, Chengam Road, Thiruvannmalai and he denied the core   submission of the petitioner that he put up his coffee shop after the demolition of the temple. However it was his case that his coffee shop situated in 1852/6A which is his patta land. According to him, the temple was originally stood in front of his existing coffee shop and the survey number of the land in which the temple originally stood  was in survey No.8 which is a highways land.
  4. This Court by order dated 22.02.2019 appointed an Advocate

Commissioner to visit and inspect the property in question namely

Arulmigu Bhaktha Markandeya Temple situated at T.S.No.8, Block No1, Ward No.3, Chengam Road, in Thiruvannamalai, measure the same with the help of the revenue officials and file a detailed report. Accordingly a report was filed by the Advocate Commissioner dated 14.03.2019, along with supporting documents.

  1. The perusal of the Advocate Commissioner’s report  and supportive documents filed by him make it clear that existence of the Arulmigu Bhaktha Markandeya Temple in Chengam Road, near Bali Theertham, Thiruvannmalai District and its demolition were beyond any doubt. However the exact location of the demolished temple with the survey number appeared to be un-ascertainable. Even the petitioner in his affidavit filed in support of the writ petition has not stated the survey number in which Arulmigu Bhaktha Markandeya Temple was originally situated. He only said that the temple stood in a Government Poromboke land in Chengam Road. The Advocate Commissioner in his report referred to the sketch  [document no.2 filed along with the report] furnished to him by town Surveyor. In the said sketch, Arulmigu Bhaktha Markandeya Temple was mentioned in Town Survey No.8 in the land belongs to the highways department in front of Kumbakonam Degree Coffee shop. It was further mentioned that the coffee shop of the 11th respondent was constructed in his patta land situated in Survey no.1852/6A on the Southern side of the road, however the front portion of the 11th respondent’s coffee shop protruding into the highways Town Survey No.8. As per the document No.2 relied on by the Advocate Commissioner’s report, an extent of 0.00145 Sq.meters of Government Poromboke land (road) in T.S.No.8 has been encroached by the 11 respondent and in the said encroached area on the North-Eastern side, the original location of the demolished temple with an extent of 0.00065 meters had been earmarked [ the said area is washed in maroon colour in sketch in document No.2 submitted by the Advocate Commissioner’s report]. The Advocate Commissioner also mentioned that though the revenue officials informed him that  Arulmigu Bhaktha Markandeya Temple was situated in T.S.No.8, he perused the revenue records like Adangal etc., but he did not find any mention about the temple there on.
  2. The Advocate Commissioner in paragraph 10 of his report also mentioned that the owners of the 11th respondent coffee shop namely R.Senthilkumar and R.Ramesh informed him that they have no objection for reconstruction of the  Arulmigu Bhaktha Markandeya Temple in T.S.No.8 which belongs to the highways department in front of his coffee shop. The Superintendent of Arulmigu Arunachaleswarar Temple, Thiruvannamalai gave a statement before the Commissioner that  Arulmigu Bhaktha Markandeya Temple was originally situated partly in T.S.No.1852/6A (patta land belongs to petitioner) and partly in T.S.No.8 (highways land).

However, there was no documentary evidence produced by the temple authorities to show the Survey number of temple or its original location. Therefore it is clear that the existence and demolition of Arulmigu Bhaktha Markandeya Temple is beyond any doubt. But however the exact location of the demolished temple is unascertainable. During the Course of the argument Mr.T.N.Rajagopal, the learned counsel representing Mr.Kaithamalaikumaran, the learned counsel on record, on instruction from the parties submitted that 11th respondent has no objection for reconstruction of the demolished temple in front of his shop in T.S.No.8 belongs to highways department, the same is recorded.

  1. The respondents 1, 2, 4, 5, 7 who are all the officials of HR&CE department are under the statutory duty to protect the temples under their control and its antiquity. Under Section 23 of Tamil Nadu HR&CE Act the Commissioner has power to pass any order which may be deemed necessary to ensure that temples are properly administered. The said power include duty to maintain and protect temples. If ancient temples are allowed to be obliterated silently, the question of administering the same will not arise.

Therefore there is no doubt that the officials of HR&CE Department have a statutory duty to protect the temple and its antiquity. It appears the department has laid a criminal complaint regarding the illegal act of demolition of temple and an F.I.R., was also registered as mentioned above. It was informed by the learned Special Government Pleader representing respondents 3, 8 and 9 that the investigation was transferred to Deputy Superintendent of Police, Idol Wing, CID North Zone, PTC Campus and it was further informed that the investigation was already completed and final report is likely to be filed. In order to explore the possibility of reconstruction of the Arulmigu Bhaktha Markandeya Temple, this Court by order 26.04.2022 recording the request made by Special Government Pleader for respondents 3, 8 & 9 and Special Government Pleader for HR&CE, directed the officials of the revenue and HR&CE departments and the Municipal Commissioner to jointly inspect the place in question for the purpose of restoring the demolished temple. Subsequently the 9th respondent herein filed a report dated 27.04.2022 in R.C.letter.No.F1/5268/2022, submitting that the demolished temple originally stood in S.No.538/A. Block no,1, ward no.3, Thiruvannamalai Town, in a Government poromboke land belongs to the highways department. Along with his report he enclosed a report submitted by 8th respondent dated 08.05.2019 in Ka.No:A5/1131/2019 wherein she submitted that Arulmigu Bhaktha

Markandeya Temple situated in Patta land belongs to private individuals

(R11) in New T.S.No.1852/6, Block 33, Ward 4 of Thiruvannamalai Town. The Advocate Commissioner also mentioned about the difficulties in finding out exact location of the demolished temple. Hence it  is not clear in which Survey number Arulmigu Bhaktha Markandeya Temple stood before its demolition. The counsel appearing for the HR&CE department Mr.Arun Natarajan, the  Special Government Pleader for R1, R2, R4 and R7 and Mr.Sriram for R5 also expressed their readiness for reconstruction of the temple in the original site.

  1. In the light of the stand taken by the contesting 11th respondent that he has no objection for the reconstruction of the demolished temple in front of his coffee shop in Government poromboke land in T.S.No.8 and also willingness of HR&CE department, the temple officials for reconstruction of the temple, and also by taking into consideration the difficulty in locating the exact location of old structure, we direct 2nd respondent to conduct a detailed enquiry either himself or through Jurisdictional Joint Commissioner after issuing notice to all the interested parties including the petitioner and 11th respondent and find out and ear mark exact location of illegally demolished Arulmigu Bhaktha Markandeya Temple within three months from the date of receipt of copy of this order. Once the exact location is earmarked by the 2nd respondent as directed, respondents 1 to 9 are directed to reconstruct the Arulmigu Bhaktha Markandeya Temple within 6 months thereafter preferably in the very same size and style as captured in photographs filed by the petitioner preserving antique nature of the temple as far as possible and install the recovered presiding idol following appropriate agama rules and rituals. It is made clear in the enquiry to be conducted by the 2nd respondent or his subordinate official as directed above, if it is found that 11th respondent had encroached any portion of land in which Arulmigu Bhaktha Markandeya Temple originally stood, it is needless to say that Jurisdictional Joint Commissioner has got sweeping powers under Section 78 of HR & CE Act to remove such encroachment by following due process of law to facilitate reconstruction of the temple in the same place. The petitioners as well as 11th respondent are directed to cooperate with the officials for reconstruction of the temple and installation of original idol said to have been recovered, within a time frame as stated above.
  2. In nut shell the writ petition is disposed of with the following directions:
  3. The 2nd respondent shall conduct an enquiry either himself or through Jurisdictional Joint Commissioner along with the 9th respondentTashildar after issuing notice to all the interested parties including writ petitioner and  11th respondent and find out exact location of Arulmigu Bhaktha Markandeya Temple within three months from receipt of copy of this order.
  4. On such an order being passed by the 2nd respondent, localising the land area in which old demolished temple stood, respondents 1 to 9 are directed to reconstruct the Arulmigu Bhaktha Markandeya Temple in the said land within 6 months there from as indicated above.
  5. In the enquiry to be conducted by the 2nd and 9th respondent, if it is found that the 11th respondent has encroached any portion of land in which Arulmigu Bhaktha Markandeya Temple originally stood before

demolishtion, the 2nd respondent shall remove such encroachment through Jurisdictional Joint Commissioner to facilitate reconstruction of the same temple.

  1. All these process shall be completed within 9 months from the date of copy of this order and compliance report shall be filed before this Court with photograph of the reconstructed temple.

 

  1. Accordingly, this writ petition is disposed of. No costs.

Connected Miscellaneous petition is closed.

[T.R.,J]       [S.S.,J]

21.06.2022

Index: Yes/ No

Speaking Order / Non-Speaking Order

jai

To

1.The State of Tamil Nadu,

Rep. By its Secretary to State,

Department of Hindu Religious and

Charitable Endowments,

Fort St. George,     Chennai-600 009.

2.The Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Nungambakam High Road,     Chennai-600 034.

3.The District Collector,

Vengikkal, Thiruvannmalai,     Thiruvannmalai District.

4.The Joint Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Villupuram District.

5.The Joint Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Arulmigu Arunachaleswarar Temple,     Thiruvannmalai.

6.The Commissioner,

Thiruvannamalai Municipality,     Thiruvannamalai.

7.The Assistant Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Thiruvannamalai.

8.The Revenue Divisional Officer,

Taluk Office,     Thiruvannamalai District.

9.The Tahsildar,     Taluk Office,

Thiruvannamalai District.

T.RAJA,J.

  & S.SOUNTHAR, J.

jai

Pre Delivery Order

W.P.No.33758 of 2018 and W.M.P.No.39189 of 2018

          

21.06.2022

W.P.No.33758 of 2018 and W.M.P.No.39189 of 2018

T.RAJA, J.

& S.SOUNTHAR, J.

After pronouncing the orders, Mr.T.N.Rajagopal, learned counsel for the respondents 10 and 11, requested this Court to consider his prayer for desealing the coffee shop, that was sealed on 20.12.2018.

  1. It is seen from the records that Division Bench of this Court, while dealing with Crl.O.P.No.23710 of 2018, has passed two orders; one on 19.12.2018 directing the Deputy Superintendent of Police, Tiruvannamalai, and the Inspector of Police, Tiruvannamalai Police Station, to seal the coffee shop in question and by another order dated 25.01.2019, this Court directed the

Surveyor, Tiruvannamalai Taluk, with the assistance of the Village

Administrative Officer and under the supervision of the Tahsildar,

Tiruvannamalai, to survey the land in question.  This apart, the above said Crl.O.P.No.23710 of 2018 was also disposed of on 15.02.2019.  Therefore, taking note of all these three orders passed by the Division Bench of this Court, we hereby give liberty to the learned counsel for the respondents 10 and 11 to move

T.RAJA,J.

  & S.SOUNTHAR, J.

jai

appropriate application in Crl.O.P.No.23710 of 2018 for seeking appropriate

relief, if so advised.

[T.R.,J]       [S.S.,J]

21.06.2022

jai

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

          

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDERS RESERVED ON    :29.04.2022

ORDERS PRONOUNCED ON    : 21.06.2022 CORAM:

THE HON’BLE MR.JUSTICE T.RAJA and

THE HON’BLE MR.JUSTICE S.SOUNTHAR

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

C.M.Sivababu

President,

Tamil Desiya Makkal Katchi,

No.180/32, Ayyakannu Mudaliar Street,

Tiruvannamalai,

Tiruvannamalai District-606 601.                               …Petitioner

vs.

1.The State of Tamil Nadu,

Rep. By its Secretary to State,

Department of Hindu Religious and

Charitable Endowments,

Fort St. George,     Chennai-600 009.

2.The Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Nungambakam High Road,     Chennai-600 034.

3.The District Collector,     Vengikkal, Thiruvannamalai,     Thiruvannamalai District.

4.The Joint Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Villupuram District.

5.The Joint Commissioner,

Department of Hindu Religious and

Charitable Endowments,

Arulmigu Arunachaleswarar Temple,     Thiruvannamalai.

6.The Commissioner,

Thiruvannamalai Municipality,     Thiruvannamalai.

7.The Assistant Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Thiruvannamalai.

8.The Revenue Divisional Officer,

Taluk Office,

Thiruvannamalai District.

9.The Tahsildar,

Taluk Office,

Thiruvannamalai District.

 

10.Venkatesan,

11.M/s. Only Coffee Kumbakonam Degree Filter Coffee,

Rep. By its Proprietor / Occupant,

Bali Theertham,

Chengam Road, Thiruvannamalai District.                         …Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India to issue a WRIT OF MANDAMUS directing respondent 1 to 9 to restore the Arulmigu Bhaktha Markandeya Temple by Reconstructing it in the same place near Bali Theertham, Chengam Road, Thiruvannamalai, Thiruvannamalai District, as per the Agama Dharmas, by consecrating the presiding Deity along with the Stolen Idols and other artefacts recovered there with after removing the existing illegal structure in view of the petitioner’s representation dated 08.09.2017 made to the respondents herein.

For Petitioner           : Mr.J.Ashok

For R1,R2,R4 & R7             :Mr.Arun Natarajan

(Special Government Pleader)

 

For R3, R6, R8, R9 :Mr.K.V.Sajeevkumar

(Special Government Pleader)

For R5      :Mr.Sriram

for M/s.A.S.Kailasam & Associates

For R10 & R11 :Mr.T.N.Rajagopal

for S.Kaithamalaikumaran

:Mr.K.Kumaran

(Advocate Commissioner)

O R D E R

[Order of the Court was made by S.SOUNTHAR, J.]

The petitioner has come up with this writ petition, seeking a direction to respondents 1 to 9 herein, to restore the Arulmigu Bhaktha Markandeya Temple by reconstructing it in the very same place where it stood before its demolition near Bali Theertham, Chengam Road, Thiruvannamalai and other incidental relief by taking into consideration the representation of the petitioner dated 08.09.2017. The case of the petitioner is that there was a temple called Arulmigu Bhaktha Markandeya Temple at Chengam Road, near Bali Theertham, Thiruvannamalai in Girivalam Route around Thiruvannamalai mountain.

  1. The petitioner submitted that the said temple was a sub-temple of Arulmigu Arunachaleswarar Temple, Thiruvannamalai and the same was situated in a Government Poromboke land. According to the petitioner, the respondents 10 and 11 put up a coffee shop in a land adjacent to above the said temple and gradually they encroached the temple and ultimately demolished it and put up a new building. Subsequently at the  instance of the petitioner, the HR&CE authorities lodged a police complaint regarding the illegal act of demolition   of the temple and an F.I.R. was registered in Crime No.193 of 2014 on the file of Town Police Station Tiruvannamalai, against the 10th respondent and others. The idol of presiding deity of Arulmigu Bhaktha Markandeya Temple was subsequently found inside a well near the temple. Though the above said illegal act of the respondents 10 and 11 were brought to the notice of the HR&CE officials and other authorities, they have not taken any steps to protect or restore the temple. Now the respondents 1 to 9 are duty bound to reconstruct the temple of Arulmigu Bhaktha Markandeya Temple at very same place where it was initially located after removing existing illegal structure put up by the respondents 10 and 11.
  2. The respondents 3 and 8 filed their respective counter, wherein they have narrated the cooperation rendered by them to the Advocate Commissioner appointed by this Court by order dated 22.02.2019, to inspect the property in question namely Arulmigu Bhaktha Markandeya Temple, to measure the disputed property with the help of the revenue officials and file a detailed report. Both of them in the counter submitted that considerable efforts have been made to conduct a detailed enquiry to ascertain the exact location of the Arulmigu Bhaktha Markandeya Temple which was in existence. The respondents 3 and 8 were not sure about the exact location of the Arulmigu Bhaktha Markandeya Temple. However, the existence and demolition of the same is beyond doubt.
  3. The contesting 11th respondent filed a counter wherein he admitted the existence of the Arulmigu Bhaktha Markandeya Temple. However he claimed that the Arulmigu Bhaktha Markandeya Temple originally stood at T.S.No.8, Chengam Road, Thiruvannmalai and he denied the core   submission of the petitioner that he put up his coffee shop after the demolition of the temple. However it was his case that his coffee shop situated in 1852/6A which is his patta land. According to him, the temple was originally stood in front of his existing coffee shop and the survey number of the land in which the temple originally stood  was in survey No.8 which is a highways land.
  4. This Court by order dated 22.02.2019 appointed an Advocate

Commissioner to visit and inspect the property in question namely

Arulmigu Bhaktha Markandeya Temple situated at T.S.No.8, Block No1, Ward No.3, Chengam Road, in Thiruvannamalai, measure the same with the help of the revenue officials and file a detailed report. Accordingly a report was filed by the Advocate Commissioner dated 14.03.2019, along with supporting documents.

  1. The perusal of the Advocate Commissioner’s report  and supportive documents filed by him make it clear that existence of the Arulmigu Bhaktha Markandeya Temple in Chengam Road, near Bali Theertham, Thiruvannmalai District and its demolition were beyond any doubt. However the exact location of the demolished temple with the survey number appeared to be un-ascertainable. Even the petitioner in his affidavit filed in support of the writ petition has not stated the survey number in which Arulmigu Bhaktha Markandeya Temple was originally situated. He only said that the temple stood in a Government Poromboke land in Chengam Road. The Advocate Commissioner in his report referred to the sketch  [document no.2 filed along with the report] furnished to him by town Surveyor. In the said sketch, Arulmigu Bhaktha Markandeya Temple was mentioned in Town Survey No.8 in the land belongs to the highways department in front of Kumbakonam Degree Coffee shop. It was further mentioned that the coffee shop of the 11th respondent was constructed in his patta land situated in Survey no.1852/6A on the Southern side of the road, however the front portion of the 11th respondent’s coffee shop protruding into the highways Town Survey No.8. As per the document No.2 relied on by the Advocate Commissioner’s report, an extent of 0.00145 Sq.meters of Government Poromboke land (road) in T.S.No.8 has been encroached by the 11 respondent and in the said encroached area on the North-Eastern side, the original location of the demolished temple with an extent of 0.00065 meters had been earmarked [ the said area is washed in maroon colour in sketch in document No.2 submitted by the Advocate Commissioner’s report]. The Advocate Commissioner also mentioned that though the revenue officials informed him that  Arulmigu Bhaktha Markandeya Temple was situated in T.S.No.8, he perused the revenue records like Adangal etc., but he did not find any mention about the temple there on.
  2. The Advocate Commissioner in paragraph 10 of his report also mentioned that the owners of the 11th respondent coffee shop namely R.Senthilkumar and R.Ramesh informed him that they have no objection for reconstruction of the  Arulmigu Bhaktha Markandeya Temple in T.S.No.8 which belongs to the highways department in front of his coffee shop. The Superintendent of Arulmigu Arunachaleswarar Temple, Thiruvannamalai gave a statement before the Commissioner that  Arulmigu Bhaktha Markandeya Temple was originally situated partly in T.S.No.1852/6A (patta land belongs to petitioner) and partly in T.S.No.8 (highways land).

However, there was no documentary evidence produced by the temple authorities to show the Survey number of temple or its original location. Therefore it is clear that the existence and demolition of Arulmigu Bhaktha Markandeya Temple is beyond any doubt. But however the exact location of the demolished temple is unascertainable. During the Course of the argument Mr.T.N.Rajagopal, the learned counsel representing Mr.Kaithamalaikumaran, the learned counsel on record, on instruction from the parties submitted that 11th respondent has no objection for reconstruction of the demolished temple in front of his shop in T.S.No.8 belongs to highways department, the same is recorded.

  1. The respondents 1, 2, 4, 5, 7 who are all the officials of HR&CE department are under the statutory duty to protect the temples under their control and its antiquity. Under Section 23 of Tamil Nadu HR&CE Act the Commissioner has power to pass any order which may be deemed necessary to ensure that temples are properly administered. The said power include duty to maintain and protect temples. If ancient temples are allowed to be obliterated silently, the question of administering the same will not arise.

Therefore there is no doubt that the officials of HR&CE Department have a statutory duty to protect the temple and its antiquity. It appears the department has laid a criminal complaint regarding the illegal act of demolition of temple and an F.I.R., was also registered as mentioned above. It was informed by the learned Special Government Pleader representing respondents 3, 8 and 9 that the investigation was transferred to Deputy Superintendent of Police, Idol Wing, CID North Zone, PTC Campus and it was further informed that the investigation was already completed and final report is likely to be filed. In order to explore the possibility of reconstruction of the Arulmigu Bhaktha Markandeya Temple, this Court by order 26.04.2022 recording the request made by Special Government Pleader for respondents 3, 8 & 9 and Special Government Pleader for HR&CE, directed the officials of the revenue and HR&CE departments and the Municipal Commissioner to jointly inspect the place in question for the purpose of restoring the demolished temple. Subsequently the 9th respondent herein filed a report dated 27.04.2022 in R.C.letter.No.F1/5268/2022, submitting that the demolished temple originally stood in S.No.538/A. Block no,1, ward no.3, Thiruvannamalai Town, in a Government poromboke land belongs to the highways department. Along with his report he enclosed a report submitted by 8th respondent dated 08.05.2019 in Ka.No:A5/1131/2019 wherein she submitted that Arulmigu Bhaktha

Markandeya Temple situated in Patta land belongs to private individuals

(R11) in New T.S.No.1852/6, Block 33, Ward 4 of Thiruvannamalai Town. The Advocate Commissioner also mentioned about the difficulties in finding out exact location of the demolished temple. Hence it  is not clear in which Survey number Arulmigu Bhaktha Markandeya Temple stood before its demolition. The counsel appearing for the HR&CE department Mr.Arun Natarajan, the  Special Government Pleader for R1, R2, R4 and R7 and Mr.Sriram for R5 also expressed their readiness for reconstruction of the temple in the original site.

  1. In the light of the stand taken by the contesting 11th respondent that he has no objection for the reconstruction of the demolished temple in front of his coffee shop in Government poromboke land in T.S.No.8 and also willingness of HR&CE department, the temple officials for reconstruction of the temple, and also by taking into consideration the difficulty in locating the exact location of old structure, we direct 2nd respondent to conduct a detailed enquiry either himself or through Jurisdictional Joint Commissioner after issuing notice to all the interested parties including the petitioner and 11th respondent and find out and ear mark exact location of illegally demolished Arulmigu Bhaktha Markandeya Temple within three months from the date of receipt of copy of this order. Once the exact location is earmarked by the 2nd respondent as directed, respondents 1 to 9 are directed to reconstruct the Arulmigu Bhaktha Markandeya Temple within 6 months thereafter preferably in the very same size and style as captured in photographs filed by the petitioner preserving antique nature of the temple as far as possible and install the recovered presiding idol following appropriate agama rules and rituals. It is made clear in the enquiry to be conducted by the 2nd respondent or his subordinate official as directed above, if it is found that 11th respondent had encroached any portion of land in which Arulmigu Bhaktha Markandeya Temple originally stood, it is needless to say that Jurisdictional Joint Commissioner has got sweeping powers under Section 78 of HR & CE Act to remove such encroachment by following due process of law to facilitate reconstruction of the temple in the same place. The petitioners as well as 11th respondent are directed to cooperate with the officials for reconstruction of the temple and installation of original idol said to have been recovered, within a time frame as stated above.
  2. In nut shell the writ petition is disposed of with the following directions:
  3. The 2nd respondent shall conduct an enquiry either himself or through Jurisdictional Joint Commissioner along with the 9th respondentTashildar after issuing notice to all the interested parties including writ petitioner and  11th respondent and find out exact location of Arulmigu Bhaktha Markandeya Temple within three months from receipt of copy of this order.
  4. On such an order being passed by the 2nd respondent, localising the land area in which old demolished temple stood, respondents 1 to 9 are directed to reconstruct the Arulmigu Bhaktha Markandeya Temple in the said land within 6 months there from as indicated above.
  5. In the enquiry to be conducted by the 2nd and 9th respondent, if it is found that the 11th respondent has encroached any portion of land in which Arulmigu Bhaktha Markandeya Temple originally stood before

demolishtion, the 2nd respondent shall remove such encroachment through Jurisdictional Joint Commissioner to facilitate reconstruction of the same temple.

  1. All these process shall be completed within 9 months from the date of copy of this order and compliance report shall be filed before this Court with photograph of the reconstructed temple.

 

  1. Accordingly, this writ petition is disposed of. No costs.

Connected Miscellaneous petition is closed.

[T.R.,J]       [S.S.,J]

21.06.2022

Index: Yes/ No

Speaking Order / Non-Speaking Order

jai

To

1.The State of Tamil Nadu,

Rep. By its Secretary to State,

Department of Hindu Religious and

Charitable Endowments,

Fort St. George,     Chennai-600 009.

2.The Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Nungambakam High Road,     Chennai-600 034.

3.The District Collector,

Vengikkal, Thiruvannmalai,     Thiruvannmalai District.

4.The Joint Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Villupuram District.

5.The Joint Commissioner,

Department of Hindu Religious and

Charitable Endowments,     Arulmigu Arunachaleswarar Temple,     Thiruvannmalai.

6.The Commissioner,

Thiruvannamalai Municipality,     Thiruvannamalai.

7.The Assistant Commissioner,

Department of Hindu Religious and     Charitable Endowments,     Thiruvannamalai.

8.The Revenue Divisional Officer,

Taluk Office,     Thiruvannamalai District.

9.The Tahsildar,     Taluk Office,

Thiruvannamalai District.

T.RAJA,J.

  & S.SOUNTHAR, J.

jai

Pre Delivery Order

W.P.No.33758 of 2018 and W.M.P.No.39189 of 2018

          

21.06.2022

W.P.No.33758 of 2018 and W.M.P.No.39189 of 2018

T.RAJA, J.

& S.SOUNTHAR, J.

After pronouncing the orders, Mr.T.N.Rajagopal, learned counsel for the respondents 10 and 11, requested this Court to consider his prayer for desealing the coffee shop, that was sealed on 20.12.2018.

  1. It is seen from the records that Division Bench of this Court, while dealing with Crl.O.P.No.23710 of 2018, has passed two orders; one on 19.12.2018 directing the Deputy Superintendent of Police, Tiruvannamalai, and the Inspector of Police, Tiruvannamalai Police Station, to seal the coffee shop in question and by another order dated 25.01.2019, this Court directed the

Surveyor, Tiruvannamalai Taluk, with the assistance of the Village

Administrative Officer and under the supervision of the Tahsildar,

Tiruvannamalai, to survey the land in question.  This apart, the above said Crl.O.P.No.23710 of 2018 was also disposed of on 15.02.2019.  Therefore, taking note of all these three orders passed by the Division Bench of this Court, we hereby give liberty to the learned counsel for the respondents 10 and 11 to move

T.RAJA,J.

  & S.SOUNTHAR, J.

jai

appropriate application in Crl.O.P.No.23710 of 2018 for seeking appropriate

relief, if so advised.

[T.R.,J]       [S.S.,J]

21.06.2022

jai

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

 

THE HON’BLE MR.JUSTICE T.RAJA and

THE HON’BLE MR.JUSTICE S.SOUNTHAR

  1. No.33758 of 2018and

W.M.P.No.39189 of 2018

C.M.Sivababu

President,

Tamil Desiya Makkal Katchi,

 

புராதனமான கோவில்களை மெல்ல அழிக்க அனுமதித்தால் அவற்றை நிர்வகிக்கும் கேள்வி எழாது எனத் தெரிவித்த சென்னை உயர் நீதிமன்றம், கோவில்களையும், அவற்றின் தொன்மையையும் பாதுகாக்க வேண்டிய பொறுப்பு அறநிலையத் துறை அதிகாரிகளுக்கு உள்ளது எனத் தெரிவித்துள்ளது.

திருவண்ணாமலை கிரிவல பாதையில் பாலி தீர்த்தம் அருகில் அமைந்திருந்த பக்த மார்க்கண்டேயர் கோவிலை இடித்து காபி கடை அமைத்துள்ளதாகக் கூறி, தமிழ் தேசிய மக்கள் கட்சியின் தலைவர் சிவபாபு என்பவர் உயர் நீதிமன்றத்தில் வழக்கு தொடர்ந்திருந்தார். அந்த மனுவில், ஆக்கிரமிப்பை அகற்றி, இடிக்கப்பட்ட கோவிலை மீண்டும் கட்ட உத்தரவிடக் கோரியிருந்தார்.

இந்த வழக்கை விசாரித்த உயர் நீதிமன்றம், கோவில் நிலத்தில் காபி கடை அமைக்கப்பட்டுள்ளதா என ஆய்வு செய்ய வழக்கறிஞர் ஆணையரை நியமித்து உத்தரவிட்டிருந்தது.

அதன்படி, குறிப்பிட்ட அந்த இடத்தில் ஆய்வு மேற்கொண்ட ஆணையர், கோவில் இருந்ததையும், இடிக்கப்பட்டதையும் உறுதி செய்த போதும், அக்கோவில் இடம் பெற்றிருந்த சர்வே எண்ணை கண்டறிய முடியில்லை என அறிக்கை அளித்திருந்தார்.

அதேசமயம், காபி கடை உரிமையாளர்கள், தங்கள் கடையின் முன்புறம் கோவிலை மீண்டும் கட்டுவதற்கு எந்த ஆட்சேபமும் இல்லை எனத் தெரிவித்திருந்தனர்.

இந்த வழக்கை விசாரித்த நீதிபதிகள் ராஜா மற்றும் சவுந்தர் அடங்கிய அமர்வு, கோவில்களை பாதுகாக்க வேண்டிய கடமை அறநிலையத் துறை அதிகாரிகளுக்கு உள்ளதாகவும், புராதன கோவில்களை அழிக்க அனுமதித்தால், அவற்றை நிர்வகிக்கும் கேள்வி எழாது எனத் தெரிவித்தனர். மேலும், அறநிலையத் துறை ஆணையர் விரிவான விசாரணையை நடத்தி கோவிலின் உண்மையான இருப்பிடத்தை மூன்று மாதங்களில் கண்டறிய வேண்டும் என உத்தரவிட்டது.

மேலும், கோவிலின் உண்மையான இருப்பிடத்தை கண்டறிந்த பின், ஆறு மாதங்களில் கோவிலை மீண்டும் கட்ட வேண்டும் எனவும், கோவில் நிலத்தை காபி கடை உரிமையாளர்கள் ஆக்கிரமித்திருந்தது கண்டுபிடிக்கப்பட்டால் சட்டப்படி நடவடிக்கை எடுக்க வேண்டும் எனவும் நீதிபதிகள் உத்தரவிட்டனர்.

இந்த அனைத்து நடைமுறைகளையும் ஒன்பது மாதங்களுக்குள் முடித்து புகைப்பட ஆதாரங்களுடன் அறிக்கை தாக்கல் செய்ய வேண்டும் என அறநிலையத் துறைக்கு நீதிபதிகள் உத்தரவிட்டனர்.

 

 

 

 

 

 

          

 

 

 

 

 

 

 

 

          

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