Madras High Court
K.Ramakrishnan vs The District Collector on 7 June, 2022
W.P.No.27748 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.27748 of 2005
and WMP No.30164 of 2005
K.Ramakrishnan ....Petitioner
Vs.
1. The District Collector,
Coimbatore District,
Coimbatore.
2. The Revenue Divisional Officer,
O/o.Revenue Divisional Office,
Coimbatore,
Coimbatore District.
3 The Principal Secretary to Government,
Home Department Fort St.George
Chennai-600 009.
4 The Principal Secretary to Government,
Municipal Administration Department,
Fort St.George Chennai-600 009.
5 The Principal Secretary to Government,
State Highways Department,
Fort St.George, Chennai-600 009.
6 The Secretary to Government,
Hindu Religious and Charitable Endowments Department
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1/8
W.P.No.27748 of 2005
(HR and CE),
Fort St.George,
Chennai-600 009.
7. The Commissioner,
Hindu Religious and Charitable Endowments
Department (HR and CE), No.119,
Uthamar Gandhi Salai, Thousand Lights,
West Nungambakkam, Chennai- 600 034
(R3 to R7 are suo-motu impleaded)
..Respondents
Prayer:- Writ petitions filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus Directing the respondents to
implement the G.O.Ms.No. 7553/66-2 dated 29.04.1968 and letter
No.8472/L&O.B/94 dated 18.08.1994 on the file of the Public (Law &
Order B) Department and to remove the unauthorised construction in
the name of Vinayagar Temple in the Revenue Divisional Office
Coimbatore Coimbatore District.
For Petitioner : Mr.V.Elangovan
For Respondents : Mr.T.K.Saravanan
Government Advocate for R1 and R2
ORDER
This writ petition was filed by the Thanthai Periyar
Dravidar Kazhagam seeking for the issue of writ of Mandamus directing
the respondents to remove the unauthorized construction put up in
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W.P.No.27748 of 2005
the name of a temple in the office of the RDO, Coimbatore, by strictly
implementing G.O.Ms.No.7553/66-2 dated 29.04.1968 and letter
No.8472/L&O.B/94 dated 18.08.1994.
2. The case of the petitioner is that the employees
belonging to the 2nd respondent started constructing a temple within
the campus of RDO, Coimbatore. A complaint was given by the
petitioner in this regard by pointing out to the relevant Government
Order and for stopping the said construction. Since the same was not
acted upon, the present writ petition was filed before this Court.
3. The 2nd respondent has filed a counter affidavit and
has taken a stand that the Vinayagar Temple has been in existence for
a long time and it is worshiped by persons belonging to the general
public and steps were only taken for the renovation of the temple. A
further stand has been taken to the effect that there will be no
hindrance if the vinayagar temple continues inside the office campus.
4. Heard Mr.V.Elangovan, learned counsel for the
petitioner and Mr.T.K.Saravanan, learned Government Advocate for
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W.P.No.27748 of 2005
respondents 1 and 2.
5. The issue involved in the present writ petition is
squarely covered by G.O.Ms.No.426 dated 13.12.1993 which
specifically provides that no construction of any new structure for
religious worship or prayer should be done within a Government office
campus or no enlargement or modification should be done to any
existing structure for similar purpose.
6. This Court also had dealt with this issue on various
occasions and it has been categorically held that no temple can be
constructed in a public place and more particularly within the office
premises. For proper appreciation, the judgement passed by the
Division Bench in WP No.3928 of 2010, dated 17.03.2010 can be relied
upon and it was held as follows :-
"4. The issuance of G.O.Ms.No.426, Personnel and
Administrative Reforms Department dated 13.12.1993,
is not in dispute. In fact, the petitioner sent a
communication to the 1st respondent on 02.02.2010
and a reply has been forwarded by the Under
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W.P.No.27748 of 2005
Secretary to the Government, Personnel and
Administrative Reforms Department, on 26.02.2010
admitting the issuance of G.O.Ms.No.426, dated
13.12.1993. The said communication also makes it
clear that as per the said G.O., no new structures for
any religion should be permitted inside any
Government Offices and that any kind of religious
structure is prohibited inside the Government Offices.
5. When such a specific Government Order having been
issued by the State Government, it is the
responsibility of the State to ensure that such
prohibition made under the said G.O., is implemented
in letter and spirit. We, therefore, state that the
respondents should take all necessary steps to
implement the specific directions issued in
G.O.Ms.No.426, Personnel Reforms Department dated
13.12.1993, and take all possible steps for
maintaining a communal harmony in the Government
Offices, without giving room for any hitch from any
quarters.
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W.P.No.27748 of 2005
7. It is clear from the above judgment that by placing
reliance upon G.O.Ms.No.426, directions have been issued to the State
Government to ensure that the Government Order is implemented
strictly and no religious structures should be permitted inside any
Government Office. This judgment virtually answers the issue that has
been raised in the present writ petition.
8. As a result of the above discussion, this writ petition is
allowed and there shall be a direction to the respondents not to put
up any religious structure inside the office premises of the 2nd
respondent and the relevant Government order shall be implemented
strictly in letter and spirit. Consequently, the connected
miscellaneous petition is closed.
08.06.2022
Internet: Yes/No
Index: Yes/No
rka
https://www.mhc.tn.gov.in/judis
W.P.No.27748 of 2005
To
1. The District Collector,
Coimbatore District,
Coimbatore.
2. The Revenue Divisional Officer,
O/o.Revenue Divisional Office,
Coimbatore,
Coimbatore District.
3 The Principal Secretary to Government,
Home Department Fort St.George
Chennai-600 009.
4 The Principal Secretary to Government,
Municipal Administration Department,
Fort St.George Chennai-600 009.
5 The Principal Secretary to Government,
State Highways Department,
Fort St.George, Chennai-600 009.
6 The Secretary to Government,
Hindu Religious and Charitable Endowments Department
(HR and CE),
Fort St.George,
Chennai-600 009.
7. The Commissioner,
Hindu Religious and Charitable Endowments
Department (HR and CE), No.119,
Uthamar Gandhi Salai, Thousand Lights,
West Nungambakkam, Chennai- 600 034
https://www.mhc.tn.gov.in/judis
W.P.No.27748 of 2005
N.ANAND VENKATESH,J.,
rka
W.P.No.27748 of 2005
and WMP No.30164 of 2005
08.06.2022
https://www.mhc.tn.gov.in/judis
