Madras High Court
M.T.Uma Maheswaran vs The District Collector on 25 March, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.728 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.728 of 2025
M.T.Uma Maheswaran ... Appellant/Writ Petitioner
vs.
1.The District Collector,
Collectorate,
Madurai District.
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Chennai – 34.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Ellis Nagar, Madurai – 625 016.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Ellis Nagar, Madurai – 625 016.
5.The Divisional Engineer (Highways),
Construction and Maintenance,
Madurai – 625 002.
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W.A(MD)No.728 of 2025
6.The Superintending Engineer,
Office of the Superintending Engineer,
Madurai (Highways) Circle,
Construction and Maintenance,
Madurai – 625 002.
7.The Superintending Engineer,
Public Works Department,
Water Resources Organization,
Periyar Vaigai Basin Circle,
Madurai Region,
Madurai.
8.IVLR Infrastructures,
Represented by the Director,
No.31, Indian Oil Petrol Bunk Campus,
Ashok Nagar – Palamedu Main Road,
Madurai.
9.NOTCH India Projects,
Represented by Project Manager,
Poriyalar Nagar,
Thiruppalai,
Madurai.
10.Arulmigu Vinayagar Temple,
Melamadai, Madurai,
Through its Executive Officer. ... Respondents/Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 08.01.2025 made in W.P(MD)No.28411 of 2024 on the file of this
Court.
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W.A(MD)No.728 of 2025
For Appellant : Mr.K.P.Thiyagarajan
For RR 1 to 7 : Mr.J.Ashok
Additional Government Pleader
For R – 10 : Mr.S.Manohar
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.)
The present Writ Appeal is filed against the order passed by the Writ
Court dated 08.01.2025 made in W.P(MD)No.28411 of 2024.
2.The appellant/writ petitioner has filed the Writ Petition for a
direction, directing the respondents 1 to 4 to protect the 100 years old, ancient
and antique Vinayakar Temple situated at Melamadai Revenue Village,
Melamadai Main Road, Gandhi Nagar Post, Madurai, without affecting the
existing Temple structure.
3.The Writ Court, after considering all the materials available on
record, disposed of the Writ Petition, wherein it is observed as follows:
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“3.Considering the fact that the Temple has been in
the present place from time immemorial and worshipped by the
devotees of the Temple and also the availability of the Temple's
land in S.No.7/25, this Court directs shifting of the Temple to the
land owned by the Temple in S.No.7/25 to enable the completion
of the over bridge. It is made clear that the fifth respondent who
has been engaged in construction of the bridge, shall construct
appropriate building in the said place within a period of three
months from today (08.01.2025). In the meantime, the idol can
be placed in the temporary structure in the same survey number
in a properly constructed and secured temporary structure. The
fifth respondent shall do the needful in complying with the said
order.”
Challenging the same, the writ petitioner as appellant has preferred the present
Writ Appeal.
4.Today, when the matter is taken up for hearing, Mr.J.Ashok,
learned Additional Government Pleader appearing for the respondents 1 to 7 and
Mr.S.Manohar, learned counsel appearing for the 10th respondent/Temple fairly
submitted that the High Level Committee has approved the proposal for shifting
of the Temple.
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5.In view of the above, no further orders are required to be passed in
this Writ Appeal. Accordingly, this Writ Appeal is dismissed. There shall be no
order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.]
25.03.2025
NCC : Yes / No
Index : Yes / No
ps
To
1.The District Collector,
Collectorate,
Madurai District.
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Chennai – 34.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Ellis Nagar, Madurai – 625 016.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Ellis Nagar, Madurai – 625 016.
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5.The Divisional Engineer (Highways),
Construction and Maintenance,
Madurai – 625 002.
6.The Superintending Engineer,
Office of the Superintending Engineer,
Madurai (Highways) Circle,
Construction and Maintenance,
Madurai – 625 002.
7.The Superintending Engineer,
Public Works Department,
Water Resources Organization,
Periyar Vaigai Basin Circle,
Madurai Region,
Madurai.
8.IVLR Infrastructures,
Represented by the Director,
No.31, Indian Oil Petrol Bunk Campus,
Ashok Nagar – Palamedu Main Road,
Madurai.
9.NOTCH India Projects,
Represented by Project Manager,
Poriyalar Nagar,
Thiruppalai,
Madurai.
10.Arulmigu Vinayagar Temple,
Melamadai, Madurai,
Through its Executive Officer.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 25.03.2025
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