ORDER

This Writ Petition is filed seeking for a direction to the respondents to permit the petitioners to proceed with the construction of Raja Gopuram in Arulmigu Pundarikatcha Perumal Temple, Thiruvellarai in accordance with G.O.Ms.No.266 dated 19.11.2015 issued by the 1st respondent and the proceedings in Na.Ka.No.1719/1414/T5 dated 15.12.2015 issued by the 2nd respondent and the conservation manual and reports of the experts obtained by the petitioners.

2.According to the petitioners, they are the donors for the construction of temples and involved in restoring and renovating various temples by collecting donation from general public and helping for conducting Kumbabishekam. Arulmighu Pundarikatcha Perumal Temple, Thiruvellarai and a sub-temple of Srirangam Arulmigu Aranganadhaswami Temple was built by the Hoysala King Veera Pallava in the 13th Century, which is incomplete and the brick construction is visible from outside in two levels. The Government has permitted for reconstruction of Rajagopuram at an estimate of Rs.5 Crores. All the concerned authorities have given report stating that the Rajagopuram can be constructed upto 7 tier level and they have collected money for reconstruction. The petitioners have started the work, but, due to the pendency of the Writ Petition in W.P.No.574 of 2015, the work was stopped. After passing an interim order in W.P.No.574 of 2015, the Hon'ble Division Bench of this Court by final order dated 07.06.2021 has held as follows:

“55(1) ......

......

(6) The State shall reconstitute the State Level Expert Committee, consisting of a Structural Expert, Archaeological Expert, Conservation Expert, a qualified Traditional Stapathi preferably from the Government College of Architecture and Sculpture, Mamallapuram, an Expert from history, epigraphy, iconography and Fine arts and Two Agama Experts, besides a representative from HR&CE and PWD Departments. The State Level Expert Committee shall be responsible for carrying out and according sanctions for the repairs/renovations of the temples and archaeological sites, on the recommendation of the District Level Committees.

(7) The State shall constitute District Level Committees, which will consist of historical expert, qualified stapathis, Architectural Expert, Mural Expert, conservative expert, a representative from HR&CE Department, within a period of eight weeks.

(8) The Committee shall visit all the temples in their respective District, identify the temples and sculptures which are required to be brought under the State Act and which require immediate attention for repairing and prepare a report that is to be forwarded to the Government for appropriate action under the supervision of the Heritage Commission or the State Level Expert Committee as the case may be.

(9) The Committee shall meet at least once in every month and conduct periodical inspection of the monuments and temples in line with the objects of the HR&CE Act, Ancient Monuments and Archaeological Sites and Remains Act (Central as well as State Acts)

and the Rules framed there under.”

3.According to the petitioners, direction of this Court in W.P.No.574 of

2015 has already been complied with. The Government has not so far appointed a Committee as ordered by this Court and therefore, the petitioners have come out with the present Writ Petition.

4.Mr.P.Wilson, learned Senior Counsel appearing for the petitioners submitted that the Government by G.O.Ms.No.122 dated 18.10.2021 constituted the State Level Expert Committee consisting of nine members from HR & CE Department, State Archaeological Expert, Structural Engineers, Agamas Experts and Historical Experts. So far, the committee has not met. In view of the same, the petitioners are not in a position to proceed with the construction of the Rajagopuram as permitted by the Government and the same is pending for more than seven years.

5.Mr.K.Karthikeyan, learned Government Advocate appearing for the respondents submitted that the committee was const