Temple land classified as Poramboke cannot be utilized for purposes detrimental to the temple's interests without proper consultation, ensuring procedural fairness in administrative decisions.

ORDER :

(G.K. ILANTHIRAIYAN, J.)

This Writ Petition is filed challenging the work order issued by the 4^th respondent dated 06.12.2021 to construct modern gasifier crematorium at Tirunelveli Road to Nedunkulam Road at Sankarankovil Municipality.

2.On the request made by the general public of Sankarankovil Municipality to construct electric crematorium, the Government issued G.O.(Ms)No.90, Municipal Administration and Water Supply (NS) Department, dated 27.10.2021 and allotted funds to implement the crematorium projects in 7 Municipalities, including Sankarankovil Municipality at the cost of Rs.1,045 lakhs. Accordingly, tender was floated, in which highest bidder, namely, M/s. PSR Constructions was selected and work order dated 06.12.2021 was issued to them. As per the work order, now, construction of electric crematorium is under progress.

3.It is the contention of the petitioner that the land, which is chosen by the respondents 4 and 5 herein, belongs to the 3^rd respondent temple and adjacent to the said land, Arulmigu Aruvam Soodiya Vinayagar Temple is situated abutting to Sankarankovil to Tirunelveli Main Road and the said temple is being used by the devotees, who are pilgrimage for various places in Tirunelveli and Thoothukudi District. Therefore, even before issuance of the work order, the petitioner submitted representation by way of objections to construct electric crematorium in the place to the 4^th respondent. However, the same was not considered by the 4^th respondent. Therefore, the petitioner approached this Court by filing Writ Petition in W.P.(MD)No.6262 of 2022, wherein this Court, by order dated 05.04.2022, directed the 4^th respondent to consider the objections raised by the petitioner and pass orders on merits and in accordance with law. However, the 4^th respondent has not considered the objections raised by the petitioner and now, it is half way through of construction of electric crematorium.

4.On perusal of the tender notification as well as the work order, it is seen that the 4^th respondent mentioned only the name of the work to be carried out ie., construction of modern gasifier crematorium at Tirunelveli road to Nedunkulam road at Sankarankovil Municipality and he did not even mention the particular place or the survey number, where the construction of electric crematorium is to be carried out.

5.The 4^th respondent has filed counter affidavit, stating that the land comprised in S.No.888/3 to an extent of 0.32.0 ares is classified as 'Government Records', wherein there is a stone building, which belongs to Arulmigu Sankaranarayanar Thirukovil, Sankarankovil. The said land was used as threshing floor to an extent of 3808 sq.ft. Already, there was a crematorium and the 4^th respondent is only upgrading and developing the same into a electric crematorium based on the request of the general public. That apart, this Writ Petition is filed without adding the person in whose name the work order was issued. Further, the petitioner is none other than the owner of the adjacent property and as such, he is not interested over the temple land.

6.The 3^rd respondent has filed counter affidavit, stating that the lands comprised in old S.No.564/A5 new S.No.888/3 to an extent of 77 acres and 95 cents situated adjacent to Arulmigu Aruvam Soodiya Vinayagar Temple were dedicated to the service of the temple entrance and treasury watchman service attached to Arulmigu Sankaranarayanar Thirukovil, Sankarankovil vide T.D.No.194 and the temple is notified under Section 46(iii) of TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT , 1959 (hereinafter referred to as 't