Madras High Court
R.Manimaran vs The Commissioner on 4 April, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
2025:MHC:900
W.P.No.12105 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.12105 of 2025
and
W.M.P.Nos.13675 & 13676 of 2025
R.MANIMARAN ... Petitioner
Vs
1. THE COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
119, UTHAMAR GANDHI ROAD,
NUNGAMBAKKAM, CHENNAI - 600 034.
2. THE JOINT COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
COMMERCIAL TAX OFFICE COMPLEX,
DR. BALASUNDARAM ROAD,
COIMBATORE - 641 018.
3. THE ASSISTANT COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
COMMERCIAL TAX OFFICE COMPLEX,
DR. BALASUNDARAM ROAD,
COIMBATORE - 641 018.
4. THE CHAIRMAN,
DRAWING COMMITTE,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENT DEPARTMENT,
CHENNAI CUM PRINCIPAL,
GOVERNMENT COLLEGE OF ARCHITECTURE AND SCULPTURE,
EAST COAST ROAD, MAHABALIPURAM - 603 104.
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W.P.No.12105 of 2025
5. THE CHAIRMAN,
STATE LEVEL EXPERT COMMITTEE,
HINDU RELIGIOUS AND CHARITBALE ENDOWMENTS,
119, UTHAMAR GANDHI ROAD,
NUNGAMBAKKAM,
CHENNAI - 600 034.
6. THE BOARD OF TRUSTEES,
ARULMIGU MARIYAMMAN TEMPLE, DEVENDRA STREET,
SINGANALLUR,
COIMBATORE - 641 005. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorarified Mandamus, calling for the records relating
to the order dated 30.09.2024 in Na.Ka.No. 887202/2024/Q3 passed by the
first respondent, and the subsequent approval of drawings that deviate
significantly from the original temple structure, and quash the same insofar as
it is against the permission accorded by the fifth respondent, and direct the
Respondents 1 to 8 to prepare a fresh renovation plan in strict accordance with
Agama Sastras and traditional customs, preserving the original positions of
the Mahali Amman, Murugan, and Vinayakar Shrines and renovate the temple
as per such drawings, by appointing a Thiruppani Committee to oversee the
renovations.
For Petitioner : Ms.S.P.Arthi
For R1 to R5 : Mr.N.R.R.Arun Natarajan
Special Government Pleader
For R6 : M/s.V.S.Usha Rani
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W.P.No.12105 of 2025
ORDER
This writ petition is filed with a prayer challenging the impugned order
dated 30.09.2024 in Na.Ka.No. 887202/2024/Q3 passed by the first
respondent and the subsequent approval of the drawings that deviate
significantly from the original temple structure and to quash the same.
2. The case of the writ petitioner is that the present committee of
trustees, namely the sixth respondent herein, is now starting the renovation
work of Arulmigu Mariyamman Temple, Devendra Street, Singanallur,
Coimbatore. The said temple is more than 100 years old. Originally, when the
sixth respondent approached the State Level Expert Committee, they denied
most of the works proposed by the trustees. However, they later submitted
another report and obtained permission only for the conservation of the
structure. After obtaining such permission, the very plan of the temple itself
has now been changed. The deities have been moved to the periphery, which
is against the State Level Expert Committee’s report and will also severely
affect the heritage structures of the temple. Therefore, the petitioner is before
this Court.
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3. The learned counsel appearing for the petitioner would submit that
the Balalayam ceremony is going to be conducted on Monday
(i.e.08.04.2025), and therefore this Court should intervene.
4. Per contra, the learned Special Government Pleader taking notice on
behalf of respondents 1 to 5, would submit that the work that is going to be
done does not involve shifting the heritage structure. The heritage structure
will be maintained in situ. Wherever repairs are necessary, whether for the
basement, walls or ceiling, those alone will be carried out in accordance with
the recommendations made by the heritage committee and the State Level
Expert Committee, with due consultation and direction from the Divisional
Stapathi. Therefore, there is no violation of the committee’s report that the
petitioner can complain about.
5. Ms.V.S.Usha Rani, the learned counsel taking notice on behalf of the
sixth respondent, would submit that the writ petition is filed only due to group
rivalry and the work is not being carried out in deviation from the reports. The
work is being done in accordance with the permissions granted by the
appropriate authorities.
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6. In reply, the learned counsel appearing for the petitioner, pointing out
the rough sketch/plan annexed at Pages 129 to 131 of the paperbook in the
writ petition, would submit that the plan discloses that several deities, such as
Vinayagar Sannidhi, have been moved to the periphery and the structure itself
has now come to the center. This makes it appear as if the entire heritage
structure is going to be demolished and reconstructed in a new place.
Moreover, the deities cannot be moved by the trustees as per their choice.
7. I have considered the rival submissions and perused the material
records of the case.
8. Detailed directions regarding the undertaking of the Thirupani have
already been given by the Hon’ble Division Bench of this Court, which
necessitate that both the heritage committee and the state level expert
committee have to give their prior permission before carrying out the work.
The work has to be conducted by the duly approved Stapathi in the manner
prescribed by the said judgment. It is now stated by respondents 1 to 5 as well
as the sixth respondent, that the necessary permissions have been granted by
both the heritage committee and the State Level Expert Committee. They
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contend that the original Arthamandapam and the heritage structure are not
being totally demolished or moved from their current positions and the same
is duly recorded. Even the permission granted by the expert committee is for
conservation in situ, not for demolishing and constructing elsewhere.
Therefore, the submission made on behalf of the respondents that the original
heritage structure, namely the Arthamandapam, will not be moved from its
present position and will only be conserved/renovated in its existing place is
recorded. This alleviates the major concern of the petitioner.
9. Apart from the above, it is the contention of the petitioner that the
deities also cannot be moved from their existing places. However, I am afraid
this Court cannot accept the said contention.
10. When the temple is renovated and rebuilt, moving some of the
deities, such as Urtchavars, Vinayagar, etc., to the new structures placed in the
periphery will be within the realm of the authorities. Therefore, it is for the
concerned Stapathi and authorities to ensure that the procedure is followed
and that both the convenience and any customary rights are not affected. If the
same are not affected, moving some of the deities to the new structures by
itself will not violate the heritage structure or the original intention behind
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conserving the age old heritage temples.
11. Therefore, the respondents 1 to 5 shall also direct their
subordinates/officials to inspect and periodically monitor that the renovation
work is conducted strictly in accordance with the permission granted by the
State Level Expert Committee.
12. The learned counsel appearing for the petitioner would also raise
concerns about the work being carried out entirely on funds provided by the
Ubayadharar. The work being carried out with the payment by the
Ubayadharar cannot be faulted. However, at the same time, any Thirupani
cannot be just 100% on the donation of a particular Ubayadharar alone. Even
a single rupee, if donated by the public, should be accepted by the trustees.
Ultimately, the Thirupani should not be seen as a one-man show, it involves
the general public. The particular Thirupani may involve crores of rupees,
with 99.9% of the money donated by the Ubayadharar, but the remaining
0.01% can be collected from other devotees. A donation book should always
be printed and even small contributions, such as Rs.10/-, from poor persons
shall be accepted.
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13. Therefore, the board of trustees have to print a donation book and
invite donations from everyone who wants to contribute to the Thirupani and
all persons, including the petitioners may contribute.
14. However, the learned Special Government pleader appearing for the
respondents 1 to 5 submitted that, as per the rules, a Thirupani committee
must be formed, and the committee will certainly publish a donation book.
The same is also recorded and accounts must be maintained. It is made clear
that there will be no interference with the proposed Balalayam ceremony,
which can proceed as planned.
15. With the above observations and directions, the writ petition stands
disposed of. Consequently, connected miscellaneous petition is closed. No
costs.
04.04.2025
Neutral Citation: Yes
nsl
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To
1. THE COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
119, UTHAMAR GANDHI ROAD,
NUNGAMBAKKAM, CHENNAI - 600 034.
2. THE JOINT COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
COMMERCIAL TAX OFFICE COMPLEX,
DR. BALASUNDARAM ROAD,
COIMBATORE - 641 018.
3. THE ASSISTANT COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
COMMERCIAL TAX OFFICE COMPLEX,
DR. BALASUNDARAM ROAD,
COIMBATORE - 641 018.
4. THE CHAIRMAN,
DRAWING COMMITTE,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENT DEPARTMENT,
CHENNAI CUM PRINCIPAL,
GOVERNMENT COLLEGE OF ARCHITECTURE AND SCULPTURE,
EAST COAST ROAD, MAHABALIPURAM - 603 104.
5. THE CHAIRMAN,
STATE LEVEL EXPERT COMMITTEE,
HINDU RELIGIOUS AND CHARITBALE ENDOWMENTS,
119, UTHAMAR GANDHI ROAD,
NUNGAMBAKKAM,
CHENNAI - 600 034.
6. THE BOARD OF TRUSTEES,
ARULMIGU MARIYAMMAN TEMPLE, DEVENDRA STREET,
SINGANALLUR,
COIMBATORE - 641 005.
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D.BHARATHA CHAKRAVARTHY, J.
nsl
04.04.2025
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