IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.4237 of 2017 J.Lenin .. Petitioner Vs.
1. The Government of Tamilnadu Rep by Secretary to Government Highways Department Fort St. George, Chennai-09.
2. The Commissioner Hindu Religious and Charitable Endowment Administration Department Nungambakkam Chennai-34
3. The District Collector Salem District Salem-636 001.
4. The Superintendent of Police Salem District.
5. The Revenue Divisional Officer Attur Taluk, Salem District.
6. The Deputy Superintendent of Police Attur Taluk, Salem District.
7. The Assistant Commissioner Hindu Religious & Charitable Endowment Salem.
8. The Executive Officer Arulmighu Sri Selva Vinayagar Thirukoil and Sri Valli, Deivanani Sametha Murugar Alayam Attur Town, Salem District.
9. The Deputy Director of Town and Country Planning Salem.
10. The Commissioner Attur Municipality Attur Taluk and Post Salem District.
11. The Assistant Divisional Engineer Attur Taluk and Post Salem District.
12. The Thasildhar Attur Taluk, Salem District. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 11th Respondent to consider the petitioner's representation dated 09.02.2017 given by the General Public Friends association and devotees of Ranipettai Attur town to the respondents and further direct the respondents to arrange alternative land to the HR & CE department for replacement of the existing temple, namely Arulmighu Sri Selva Vinayagar Thirukoil and Sri Valli, Deivanani Sametha Murugar Alayam and to demolish the existing temple after construction of new temple after performing Kumbabishekam to the new temple by the HR & CE department in a land allotted to them.
For Petitioner : Mr.A.Gouthaman For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1, 3 to 6, 9 to 12 Mr.M.Maharaja Spl. Government Pleader for respondents 2 and 7 ORDER (Order of the Court was made by the Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the 11th Respondent to consider the petitioner's representation dated 09.02.2017 given by the General Public Friends association and devotees of Ranipettai Attur town to the respondents and further direct the respondents to arrange alternative land to the HR & CE department for replacement of the existing temple, namely Arulmighu Sri Selva Vinayagar Thirukoil and Sri Valli, Deivanani Sametha Murugar Alayam and to demolish the existing temple after construction of new temple after performing Kumbabishekam to the new temple by the HR & CE department in a land allotted to them.
2. Heard the learned counsel for the parties for some time.
3. It is the plea of the petitioner that without providing alternative site for establishing the temple, the respondents are taking steps to demolish the same and the same is in violation of the earlier order dated 7.7.2014 made in W.P.No.28285 of 2013 and such act of the respondent/authorities would affect the sentiments of the public.
4. This Court, by order dated 13.2.2017, while dismissing another writ petition in W.P.No.3470 of 2017 filed in respect of the very same temple, observed that the matter has to be taken up by the HR & CE Department with the Tahsildar and the Commissioner, Attur Municipality, as it is an issue between the two government departments. It was also recorded in the said order that by virtue of the earlier order dated 7.7.2014 made in W.P.No.28285 of 2013, till such time the alternative site is made available by the H.R & C.E. Department, the temple is permitted to be in the existing place.
5. In view of the above, we direct that prior to demolition of the existing temple, steps should be taken by the respondent/ authorities in terms of the earlier orders to provide alternative site for construction of a temple. It is only after earmarking such alternative site, the respondent/authorities should proceed in accordance with law.
The writ petition is disposed of in the above said terms. No costs. Consequently, W.M.P.No.4391 of 2017 is closed.
Index : No Internet : Yes sasi To:
1. The Secretary to Government Government of Tamilnadu Highways Department Fort St. George, Chennai-09.
2. The Commissioner (H.G.R., ACJ.) (R.M.D., J.) 20.02.2017 Hindu Religious and Charitable Endowment Administration Department Nungambakkam Chennai-34
3. The District Collector Salem District Salem-636 001.
4. The Superintendent of Police Salem District.
5. The Revenue Divisional Officer Attur Taluk, Salem District.
6. The Deputy Superintendent of Police Attur Taluk, Salem District.
7. The Assistant Commissioner Hindu Religious & Charitable Endowment Salem.
8. The Executive Officer Arulmighu Sri Selva Vinayagar Thirukoil and Sri Valli, Deivanani Sametha Murugar Alayam Attur Town, Salem District.
9. The Deputy Director of Town and Country Planning Salem.
10. The Commissioner Attur Municipality Attur Taluk and Post Salem District.
11. The Assistant Divisional Engineer Attur Taluk and Post Salem District.
12. The Thasildhar Attur Taluk, Salem District.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.4237 of 2017 20.02.2017