High Court · 2024

W.P.No.12851 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.06.2024CORAM :THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICEandTHE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALUW.P.No.12851 of 2021M/s.Hindustan Petroleum Corporation Limited,Represented by its Deputy General Manager – VDPL Project,Thalamuthu Natrajan Building,1, Gandhi Irwin Road,Egmore,Chennai – 600 008.... Petitionervs.1.The Commissioner, Hindu Religious and Charitable Endowment (HR & CE), 119, Uthamar Gandhi Road, Chennai – 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Salem.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Dharmapuri District.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20214.Arulmigu Chendraya Perumal Swamy Temple, Represented by its Inspector/Thakkar, Sivadi Village, Nallampatti Taluk, Dharmapuri District.... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent, the Commissioner, Hindu Religious and Charitable Endowment Department to re-site the Temple to a new place as permitted in the order in Na.Ka.No.25074/2019/Q3/ dated 28.06.2019.For Petitioner: Mr.M.VijayanFor Respondents: Mr.N.R.R.Arun Natarajan Special Government PleaderORDER [Order of the Court was made by HON'BLE ACTING CHIEF JUSTICE]Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the HR&CE Department and also perused the materials placed before this court.Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20212.The petitioner has filed the present Writ Petition seeking a direction to the first respondent, the Commissioner, Hindu Religious and Charitable Endowment Department to re-site the Temple to a new place. It is stated in the accompanying affidavit filed in support of this writ petition that the petitioner is a Public Sector Undertaking and for the purpose of setting up a Petroleum Storage Terminal, they have acquired 113.10 acres of land in Sivadi Village, Dharmapuri District, which contains a small temple ad measuring approximately 304 sq.ft. dedicated to Chenrayaperumal Swamy i.e., Vishnu along with Sridevi and Bhoodevi and the same is aged about 100 years old. Therefore, the petitioner approached the respondent authorities to resite the temple to a new place and construct a new one as per the Agama rules. By order dated 28.06.2019, the respondent authorities granted permission for repairing renovating and reconstructing the temple in the existing area. However, by resolution dated 12.01.2021, the Expert Committee rejected the proposal for relocating the temple and recommended for restoration of the same. Aggrieved by the same, the petitioner is before this court with the present writ petition.3.On 18.06.2021, when the matter was taken up for consideration, the learned Judge was of the opinion that the temple must be repaired and Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 2021maintained in line with the rules of Agamas and the amount that is going to be spent by the petitioner on re-sitement of the temple, could be deployed for renovation and maintenance of the said temple. At that time, the learned counsel for the petitioner fairly submitted that the petitioner would carry out the civil construction or any other activities without causing any impediment to the subject temple. Recording the same, the learned Judge directed the learned Special Government Pleader appearing for the HR&CE Department to file a report as regards the proposal for restoration of the property with suggestions as to how the matter may be proceeded with. 4.Subsequently, on 29.11.2021, when the matter was taken up for consideration, considering the nature of the issue involved herein, the learned Judge directed the matter to be posted before this special bench, after obtaining orders from the Hon'ble Chief Justice on administrative side. 5.Accordingly, the matter was directed to be posted before us, as per the order dated 02.12.2021 passed by the Hon'ble Acting Chief Justice. Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20216.On 01.07.2022, when the matter was taken up, the learned counsel for the fourth respondent filed a status report inter alia stating that the District Revenue Officer inspected the land on 26.04.2022 in the presence of the parties concerned, during the course of which, the petitioner agreed to give their land comprising a total extent of 6 meters (19 feet 8.22 inches) width and 75 meters (246 feet 0.756 inches) length as a gift to and in favour of the fourth respondent temple as a way to enter into the temple for the worshipers. In view of the same, this Court directed the petitioner to file an affidavit to that effect. 7.Pursuant to the order of this court, the petitioner has filed an affidavit dated 30.11.2023, wherein, at paragraph 4, it is averred as follows:“4.I submit that pending disposal of the writ petition, the petitioner herein constructed compound wall around the temple premises covering the land belonging to the temple and also provided access to the temple through the lands of Hindustan Petroleum Corporation Limited. Copy of the google image is attached herein as proof of the above submission.”8.The learned Special Government Pleader appearing for the respondent authorities submitted that as directed by this Court, the second respondent, the Joint Commissioner, Hindu Religious and Charitable Endowment Department conducted a site inspection on 08.03.2024 regarding the approach road to the Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 2021Temple in question and filed a report dated 12.03.2024, wherein, at paragraph 4, it is stated as follows:“4.It is submitted that on my visit, I have ascertained that the access to the temple from the main road is through the Northern gate of the petitioner company and the devotees approach the temple by passing inside the same gate. There has been no distinct or implied restriction regarding the entry to the devotees and the approach road to the temple is free from any encumbrances as on date.”9.In view of the specific averments so made in the affidavit dated 30.11.2023 filed by the petitioner and in the report filed by the second respondent, this Court is of the opinion that no further orders need be passed herein. Therefore, recording the same, this writ petition stands disposed of. No costs. [R.M.D., A.C.J.] & [P.D.A., J.] 20.06.2024 Index: Yes / NoNeutral Citation: Yes / NopsToPage No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20211.The Commissioner, Hindu Religious and Charitable Endowment (HR & CE), 119, Uthamar Gandhi Road, Chennai – 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Salem.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Dharmapuri District.4.Arulmigu Chendraya Perumal Swamy Temple, Represented by its Inspector/Thakkar, Sivadi Village, Nallampatti Taluk, Dharmapuri District.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 2021R.MAHADEVAN, A.C.J.ANDP.D.AUDIKESAVALU , J. ps/rkW.P.No.12851 of 202120.06.2024Page No.8 of 8

W.P.No.12851 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.06.2024CORAM :THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICEandTHE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALUW.P.No.12851 of 2021M/s.Hindustan Petroleum Corporation Limited,Represented by its Deputy General Manager – VDPL Project,Thalamuthu Natrajan Building,1, Gandhi Irwin Road,Egmore,Chennai – 600 008.... Petitionervs.1.The Commissioner, Hindu Religious and Charitable Endowment (HR & CE), 119, Uthamar Gandhi Road, Chennai – 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Salem.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Dharmapuri District.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20214.Arulmigu Chendraya Perumal Swamy Temple, Represented by its Inspector/Thakkar, Sivadi Village, Nallampatti Taluk, Dharmapuri District.... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent, the Commissioner, Hindu Religious and Charitable Endowment Department to re-site the Temple to a new place as permitted in the order in Na.Ka.No.25074/2019/Q3/ dated 28.06.2019.For Petitioner: Mr.M.VijayanFor Respondents: Mr.N.R.R.Arun Natarajan Special Government PleaderORDER [Order of the Court was made by HON'BLE ACTING CHIEF JUSTICE]Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the HR&CE Department and also perused the materials placed before this court.Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20212.The petitioner has filed the present Writ Petition seeking a direction to the first respondent, the Commissioner, Hindu Religious and Charitable Endowment Department to re-site the Temple to a new place. It is stated in the accompanying affidavit filed in support of this writ petition that the petitioner is a Public Sector Undertaking and for the purpose of setting up a Petroleum Storage Terminal, they have acquired 113.10 acres of land in Sivadi Village, Dharmapuri District, which contains a small temple ad measuring approximately 304 sq.ft. dedicated to Chenrayaperumal Swamy i.e., Vishnu along with Sridevi and Bhoodevi and the same is aged about 100 years old. Therefore, the petitioner approached the respondent authorities to resite the temple to a new place and construct a new one as per the Agama rules. By order dated 28.06.2019, the respondent authorities granted permission for repairing renovating and reconstructing the temple in the existing area. However, by resolution dated 12.01.2021, the Expert Committee rejected the proposal for relocating the temple and recommended for restoration of the same. Aggrieved by the same, the petitioner is before this court with the present writ petition.3.On 18.06.2021, when the matter was taken up for consideration, the learned Judge was of the opinion that the temple must be repaired and Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 2021maintained in line with the rules of Agamas and the amount that is going to be spent by the petitioner on re-sitement of the temple, could be deployed for renovation and maintenance of the said temple. At that time, the learned counsel for the petitioner fairly submitted that the petitioner would carry out the civil construction or any other activities without causing any impediment to the subject temple. Recording the same, the learned Judge directed the learned Special Government Pleader appearing for the HR&CE Department to file a report as regards the proposal for restoration of the property with suggestions as to how the matter may be proceeded with. 4.Subsequently, on 29.11.2021, when the matter was taken up for consideration, considering the nature of the issue involved herein, the learned Judge directed the matter to be posted before this special bench, after obtaining orders from the Hon'ble Chief Justice on administrative side. 5.Accordingly, the matter was directed to be posted before us, as per the order dated 02.12.2021 passed by the Hon'ble Acting Chief Justice. Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20216.On 01.07.2022, when the matter was taken up, the learned counsel for the fourth respondent filed a status report inter alia stating that the District Revenue Officer inspected the land on 26.04.2022 in the presence of the parties concerned, during the course of which, the petitioner agreed to give their land comprising a total extent of 6 meters (19 feet 8.22 inches) width and 75 meters (246 feet 0.756 inches) length as a gift to and in favour of the fourth respondent temple as a way to enter into the temple for the worshipers. In view of the same, this Court directed the petitioner to file an affidavit to that effect. 7.Pursuant to the order of this court, the petitioner has filed an affidavit dated 30.11.2023, wherein, at paragraph 4, it is averred as follows:“4.I submit that pending disposal of the writ petition, the petitioner herein constructed compound wall around the temple premises covering the land belonging to the temple and also provided access to the temple through the lands of Hindustan Petroleum Corporation Limited. Copy of the google image is attached herein as proof of the above submission.”8.The learned Special Government Pleader appearing for the respondent authorities submitted that as directed by this Court, the second respondent, the Joint Commissioner, Hindu Religious and Charitable Endowment Department conducted a site inspection on 08.03.2024 regarding the approach road to the Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 2021Temple in question and filed a report dated 12.03.2024, wherein, at paragraph 4, it is stated as follows:“4.It is submitted that on my visit, I have ascertained that the access to the temple from the main road is through the Northern gate of the petitioner company and the devotees approach the temple by passing inside the same gate. There has been no distinct or implied restriction regarding the entry to the devotees and the approach road to the temple is free from any encumbrances as on date.”9.In view of the specific averments so made in the affidavit dated 30.11.2023 filed by the petitioner and in the report filed by the second respondent, this Court is of the opinion that no further orders need be passed herein. Therefore, recording the same, this writ petition stands disposed of. No costs. [R.M.D., A.C.J.] & [P.D.A., J.] 20.06.2024 Index: Yes / NoNeutral Citation: Yes / NopsToPage No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 20211.The Commissioner, Hindu Religious and Charitable Endowment (HR & CE), 119, Uthamar Gandhi Road, Chennai – 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Salem.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment (HR & CE), Dharmapuri District.4.Arulmigu Chendraya Perumal Swamy Temple, Represented by its Inspector/Thakkar, Sivadi Village, Nallampatti Taluk, Dharmapuri District.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12851 of 2021R.MAHADEVAN, A.C.J.ANDP.D.AUDIKESAVALU , J. ps/rkW.P.No.12851 of 202120.06.2024Page No.8 of 8