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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.JUSTICE J. NISHA BANU, Mrs.JUSTICE S.SRIMATHY, JJ
M. Parthipan – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments Department, Chennai – Respondent
JUDGMENT :
S. SRIMATHY, J.
This writ appeal is filed by the petitioner in the writ petition challenging the order, dated 26.03.2024, passed in W.P.(MD)No.28087 of 2022.
2. The writ petition was filed for issuance of a Writ of Mandamus, to direct the respondents to form a Thiruppani Committee to expedite the reconstruction of the demolished Temple (Arulmighu Kazhani Udaiya Ayyanar alias Pannirendu Ayyanar and Sri Pathira Kaaliyamman Temple) situated in S.No. 6/1 comprises of 0.67.0 hectare in Aalapiranthan Revenue Village, Aranthangi Taluk, Pudukottai District, excepting persons who indulge in demolition of temple on the basis of the petitioner's representation, dated 05.12.2022.
3. The brief facts as stated by the writ petitioner are that long ago, the aforesaid temple was under the control of the King of Tanjore and now, is under the control of HR & CE Department. The temple contains ancient sculptures, Artha Mandapam, Maga Mandapam etc. with fine architecture. Also consists of main statues (suyambu form) inside the temple and other ancient monuments such as the statues of Ayyanar, Poorani, Pushkalai etc. Based on research the Archaeological Department states that this temple belongs
Administrative rights over a religious institution cannot be claimed based solely on location; established management must be respected.
The appointment of a Fit Person by the HR & CE Department requires adherence to principles of natural justice, including prior notice, and must be justified by claims of mismanagement; otherwise, it ....
Renovation of heritage structures requires adherence to expert committee guidelines, and moving deities is permissible if it respects heritage integrity and customary rights.
Festivals and renovations at temples require strict adherence to regulatory procedures and permissions from expert committees.
The court ruled that suspended members of the Temple Advisory Committee cannot participate in an Ad Hoc Committee for temple management, emphasizing timely proceedings and investigation into Kuthaka ....
The necessity to establish the existence of a legal right and its infringement for the grant of a writ of mandamus.
The extension of a Temple Advisory Committee's term without addressing complaints against its members is arbitrary and unjust, warranting judicial intervention and direct administration by the govern....
A writ of mandamus requires the existence of a legal right and a statutory duty, which the petitioner failed to demonstrate, leading to the dismissal of the petition.
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