Full order THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.32588 of 2017 and W.M.P.No.35914 of 2017 People for Dharma Trust through its Authorized Signatory G.Aravindalochanan 1G, Abiraami Apartments, South Sector 1st Street, Adambakkam, Chennai – 600 088.                                                            … Petitioner Vs. 1.The Commissioner,    Hindu Religious & Charitable Endowment Department,    119, Mahatma Gandhi Road,    Nungambakkam, Chennai-600 034. 2.The State of Tamil Nadu,    rep.by its Secretary,    Religious Endowments, Tamil Development and    Information Department,    Chennai – 600 005.                                                            … Respondents 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

AND

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

W.P.No.32588 of 2017

and

W.M.P.No.35914 of 2017

 

People for Dharma Trust

through its Authorized Signatory

G.Aravindalochanan

1G, Abiraami Apartments,

South Sector 1st Street,

Adambakkam,

Chennai – 600 088.                                                            … Petitioner

 

Vs.

1.The Commissioner,

Hindu Religious & Charitable Endowment Department,

119, Mahatma Gandhi Road,

Nungambakkam, Chennai-600 034.

 

2.The State of Tamil Nadu,

rep.by its Secretary,

Religious Endowments, Tamil Development and

Information Department,

Chennai – 600 005.                                                            … Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to renovate and repair all the structures, mural paintings, inscriptions etc. reflecting exactly the unique culture and heritage of Arulmigu Aadhikesava Perumal Temple at Thiruvattaru after rectifying the damages caused to the cultural and heritage structures, mural paintings, inscriptions etc. by following the due process set out in the first respondent’s Order No.Na.Ka.No.57789/2015/Y2 dated 14.02.2017 based on this Court’s orders dated 04.11.2016 and 07.11.2016 in WP.No.574 of 2015.

For Petitioner          :          Mr.S.Sridharan

For R1                   :        Mr.M.Karthikeyan, SGP (HR&CE)

For R2                   :          Mr.J.Ramesh, AGP

 

ORDER

R.MAHADEVAN, J.

As per the administrative order of the Hon’ble Chief Justice dated 30.11.2018, this writ petition was posted along with a batch relating to the protection, maintenance and sustenance of the ancient temples, idols, temple lands, murals and other places/ articles, which all are of archaeological and historical importance, under the caption ‘specially ordered cases’. For the sake of convenience, separate orders are being passed in these writ petitions.

2.The prayer made in this writ petition is to issue a mandamus to the first respondent to renovate and repair all the structures, mural paintings, inscriptions etc. in respect of Arulmigu Adhikesava Perumal Temple at Thiruvattaru, after rectifying the damages by following due process of law, pursuant to the orders of this Court dated 04.11.2016 and 07.11.2016 in suo motu WP.No.574 of 2015.

3.According to the petitioner, the subject temple viz., Arulmigu Adhikesava Perumal Temple, Tiruvattaru, is one of the 108 divya desams and was built with granite stones and provided with a copper sheeted roof. The history of the temple has been written by Professor A.K.Perumal as a research book titled ‘Adikesava Perumal Temple’ which depicts the various paintings enshrined in the temple. With more than 50 inscriptions in Tamil and number of stunning sculptures, it has a note in Purananooru, one of the oldest literatures in Tamil dating back to 2000 years, by the Poet Mangudi Maruthanar. The temple complex is enormous and spans 150 acres, magnificent towers in all prakaras, wooden carvings, wall paintings, sculptures relating to epics, it is declared as an ancient temple with high traditions. The huge appearance of the temple shows its antiquity, culture and heritage value.

4.However, the petitioner during his visit to the said temple, noticed that some stone structures and inscriptions have been sand blasted. Mural paintings have been peeled off and no picture is visible to the naked eyes. Though balalayam was done two years back, kumbabishegam has not yet been happened. Renovation works have not been completed till date. In view of the fact that the damages caused are catastrophic, the same must be rectified and repaired.

 

5.The petitioner also submitted that this Court by order dated 04.11.2016 in WP.No.574 of 2015, referred the petitions filed by the individual temples relating to essential works, to a Committee consisting of the following specializations:

(1)Structural Engineering Expert

(2)Archaeological Expert

(3)Conservation Expert

(4)Traditional Stapathy

(5)Two Agama Experts

 

 

It was further ordered that the Departmental Representative will act as the Secretary of the Committee for facilitating its working and for furnishing records and that the Committee will look into the issue of repairs and renovations to be carried out in terms of what the Court observed in its order dated 25.10.2016. It was also ordered that the Committee would have to give priority depending on the urgency, as some religious ceremonies have to be performed for which there are designated days. Accordingly, by order dated 07.11.2016, this Court constituted the Expert Committee to carry out the essential works in the temples. Based on the said orders, the respondent authorities have to rectify all the defects / violations in respect of the subject temples, after getting necessary approval, according to the petitioner.

 

6.The respondents filed a detailed counter affidavit, wherein, it is stated that the ritual ceremonies and daily poojas are performed following the Thantric method of worship; that the Joint Commissioner / Executive Officer of Incorporated and Unincorporated Devaswoms, is carrying out the renovation and conservation works after obtaining approval from the competent authorities under the HR&CE Act, as guided by the Experts and decided by the Committee of Experts constituted by this Court in suo motu W.P.No.574 of 2015 and that there is no violation or infringement of any fundamental rights, in this regard. The counter affidavit also proceeds to state that the allegations pointed out by the petitioner in the writ petition are utter false. It is further stated that as directed by the Government, the first respondent has prescribed the procedures and sent a communication in Na.Ka.No.57789/2015/Y.2, dated 14.02.2017 to all the Joint Commissioners of the Department to implement the Government Order. In these circumstances, it is not correct on the part of the petitioner to contend that the first respondent has to be restrained from the renovation works that is going on in the temple, and that if such prayer is granted, it will only result in complete damage to the heritage structures, mural paintings and inscriptions found in the temple.

 

7.Heard the learned counsel appearing for both sides and perused the materials placed before this court.

 

8.The subject matter in issue relating to Adhikesava Perumal Temple, Tiruvattaru, has already been considered and the respondent authorities were directed to speed up the work in order to restore the glory of the temple to its originality and celebrate the Kumbabhishekham, in the case of M.Ayyappan v. Government of Tamil Nadu by order dated 18.12.2018 in WP(MD)No.17759 of 2017 rendered by one of us (RMDJ). The relevant paragraphs of the said order are usefully extracted below:

“21.According to the book written by Prof.A.K.Perumal, there are 42 stone inscriptions in the temple. According to the petitioner, none of the inscriptions have been notified and there is no identification for the devotees and visitors to know about the inscriptions. Hence, there is a need to notify these inscriptions for which necessary steps have to be taken to protect the inscriptions. The learned counsel for the petitioner has filed a status report as on 10.11.2018 furnishing the details of pending works to be carried out in Adi Keshava Perumal Temple, Thiruvattaru. Along with the status report, he has also filed a supporting affidavit enumerating the various lapses on the part of the temple authorities.

22.Considering the fame, antiquity and the importance of the temple, the temple has to be restored and preserved with utmost care. Restoring the temple to its originality means carrying out necessary works to bring the inscriptions, sculptures and images to its originality and to preserve the same. Hence the following directions are issued to the respondents:

(a)All the civil works with regard to mandapam and other structures have to be carried out for restoring the same to its originality.

(b)Architectural marvels in the temple have to be protected. Kodimaram has to be prepared with stability, strength and durability and to be restored.

(c)Mural paintings said to have been present in the temple, have to be preserved with the help of experts, for which prime assistance shall be obtained from Archaeological Department.

(d)Stone inscriptions have to be preserved and necessary records to be maintained.

(e)Wooden carvings and various roofs have to be protected.

(f)Copper plates in the temple have to be immediately restored and preserved.

(g)Old antique utensils of the temple have to be properly cleaned and preserved instead of dumping the same in a particular place.

(h)Lapses pointed out by the Advocate Commissioners have to be rectified forthwith.

23.In addition to restoring the temple to its originality, by complying with the above directions, the following directions are also issued to the respondents:

(a)Proper lightings have to be provided in the temple.

(b)Staff strength of the temple has to be increased.

(c)Safety measures have to be carried out by installing CCTV cameras, strong rooms etc.

 

24.The first and second respondents shall provide adequate funds for completing all the above works.

25.It is also hereby ordered that the properties of the temple have to be restored and the encroachments have to be removed forthwith.

26.This Court has not enumerated all the works to be carried out. Such of those works other than the above, which are necessary for bringing the temple to its originality and glory, have also to be taken into account by the authorities for conducting Kumbabhishekham.”

 

9.Subsequently, in WP(MD)No.1126 of 2019, a Division Bench of this court, in which, one of us (PDAJ) was a member, has passed an order on 31.01.2019, granting approval to the works proposed to be undertaken, release of funds and clearing the proposals for appointment of employees, in respect of the subject temple, by issuing the following directions:

“(i) We direct the Mural Committee to take up the proposal for renovation and Kumbabhisekam of Aadikesava Perumal Temple in its meeting on 04 February, 2019 positively and pass appropriate orders for sanctioning the proposal on or before 08 February, 2019.

(ii) We direct the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, to release a sum of Rs. 97.2 Lakhs to the temple immediately after granting approval by the Mural Committee positively by 15 February, 2019.

(iii) The Commissioner, Hindu Religious and Charitable Endowments Department, is directed to clear the two proposals for appointment of employees to the temples, as indicated in Paragraph No.13 of the affidavit dated 30 January, 2019 by 11 February, 2019.

(iv) We direct the Executive Officer Kanyakumari District Thirukkovilgal, to announce the date of Kumbabhisekam immediately after receiving the funds and at any rate, on or before 28 February, 2019.

(v) We direct the Executive Officer to take immediate action for removal of the objectionable structures and encroachments, which are blocking the free access to the temple through its front entrance. Such exercise shall be completed by 28 February, 2019.”

 

10.In the opinion of this court, the directions issued by this court in the aforesaid two orders, would very well redress the grievances expressed by the petitioner. But the fact remains that the aforesaid two orders have not been complied with till date. Therefore, without elaborating analysing the subject, the respondent authorities are directed to act upon the aforesaid orders and comply with the directions, without causing any further delay.

 

11.Accordingly, this writ petition is disposed of, directing the respondent authorities to comply with the orders dated 18.12.2018 passed in WP(MD)No.17759 of 2017 and dated 31.01.2019 in WP(MD)No.1126 of 2019, without causing any further delay. No costs. Consequently, connected miscellaneous petition is closed.

 

Post the writ petition after six weeks for reporting compliance.

 

(R.M.D., J.)           (P.D.A., J.)

24.08.2021

Index : Yes / No

rk

To

1.The Commissioner,

Hindu Religious & Charitable Endowment Department,

119, Mahatma Gandhi Road,

Nungambakkam, Chennai-600 034.

 

2.The State of Tamil Nadu,

rep.by its Secretary,

Religious Endowments, Tamil Development and

Information Department,

Chennai – 600 005.

 

 

 

 

R.MAHADEVAN, J.

and

P.D.AUDIKESAVALU, J.

 

rk

 

 

 

 

W.P.No.32588 of 2017

and

W.M.P.No.35914 of 2017

 

 

 

 

 

 

24.08.2021