Apprehending acquisition and consequent demolition of the temple, which is said to be thousand years old, the Petitioner, who is the Trustee, has filed this Writ Petition.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.According to the Petitioner, the temple of Arulmighu Vedamoorthy and Nelliappar Temple situated in Thatchanallur Village, Tirunelveli District is more than thousand years old and he is the hereditary trustee of the said temple. The respondents had marked certain portions of the temple stating that they have been required for laying service road for the Railway Over-bridge to be constructed. Since the marked portion includes the sanctum sanctorium of the temple, the Petitioner has come forward with this Writ Petition seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned order, dated 23.7.2013, wherein, his request for realignment of the service road was rejected.
4.This Court has granted an order of interim stay pending disposal of the above Writ Petition. In the counter affidavit filed by the fourth respondent, namely the Divisional Engineer, NABARD Rural Roads, it is stated that the proposal for acquisition has been sent to the HR and CE Department and only after the Commissioner, HR and CE grants the No Objection Certificate, the work will be taken up. As of today, there is no notification for acquisition of the land belonging to the temple.
5.Therefore, this Writ Petition is disposed of, with a direction to the authorities concerned not to proceed with the acquisition without the No Objection Certificate from the HR and CE Department. Consequently, connected Miscellaneous Petitions are closed. No costs.
To
1.The Secretary, Government of Tamil Nadu, High ways Department, St.George Fort, Chennai -9.
2.The Chief Engineer, NABARD and Rural Roads, Chennai ? 2.
3.The Superintending Engineer, National Highways Department, NABARD and Rural Roads, Tirunelveli ? 7.
4.The Divisional Engineer, National Highways Department, NABARD and Rural Roads, Tirunelveli ? 7.
5.The District Collector, District Collectorate, Tirunelveli.
6.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, District Collectorate, Tirunelveli.
7.The Tahsildar, Office of the Tahsildar, Tirunelveli Junction, Tirunelveli, Tirunelveli District.
8.The Tahkkar, Arulmighu Nelliappar Gandhimathi Ambal Temple, Thathanallu, Tirunelveli.
9.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai ? 600 034.
10.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli-2..