IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.23367 of 2018 and W.M.P.Nos.27270 to 27273, 27267 to 27269 of 2018 and 1009, 6098 and 6099 of 2022 Rangarajan Narasimhan .. Petitioner vs

1. The Board of Trustees Sri Kapaleshwarar Temple, Mylapore, Chennai 600 004. 2. The State of Tamil Nadu, Rep. by its Secretary, Dept. of Tamil Development, Culture, Religious Endowments & Information, Secretariat, Fort St. George, Chennai 600 009.

3. The Commissioner, Hindu Religious & Charitable Endowments Dept., Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

4. The Executive Officer/Joint Commissioner, Sri Kapaleshwarar Temple, Mylapore, Chennai 600 004.

5. The Director-Monuments The Archaeological Survey of India, Janpath, New Delhi.

6. The Superintending Archaeologist, The Archaeological Survey of India, Chennai Cirlce, Fort St. George, Chennai 600 009.

7. The Comptroller and Audit General of India, O/o.Comptroller Audit General, 9, Deen Dayal Upadhyay Marg, New Delhi 110 124. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to conduct Balalayam in Sri Punnaivananathar Sannidhi with immediate effect and make necessary arrangements for the consecration of a new peacock idol which represents Parvathi Devi, with flower in its beak, as per Agama Shastra.

For the Petitioner : Mr.Rangarajan Narasimhan Party-in-person For the Respondents : Mr.A.K.Sriram for M/s.A.S.Kailasam Associates for RR 1 and 4 : Mr.R.Shunmugasundaram Advocate General, assisted by Mr.N.R.R.Arun Natarajan, Spl.G.P. (HR & CE) and Ms.A.G.Shakeena for RR 2 and 3 : Mr.G.Karthikeyan, Asst. Solicitor General for RR 5 and 6 : Mr.Vijaya Shankar for R-7 in WMP.1009/2022 : Mr.V.Giri Sr. Advocate, assisted by Mr.Anil Kaushik &

M/s.R.Palaniandavan in WMP.6098/2022 : Mr.R.Thiagarajan for Mr.P.K.Harinath Babu in WMP.6099/2022 : Mr.M.S.Krishnan Senior Counsel for Mr.P.K.Harinath Babu * * * * *

ORDER (Order of the Court was made by the Hon'ble Chief Justice)

The writ petition has been filed with manifold prayers, however, the petitioner-in-person submits that he would be satisfied if the issue in reference to the idol of peacock with the snake in the beak in Kapleshwarar Temple at Mylapore, Chennai, is referred to a Committee to find out as to under which Agama the Kapaleshwarar Temple was constructed, because there are 28 Agamas in Saivites and after identification of the aforesaid, to find out whether the peacock would have a snake in the beak or flower. The issue aforesaid needs to be addressed because according to the petitioner-in-person, the original idol of peacock was having flower in the beak and on account of theft and replacement of the peacock idol, it is now having a snake in the beak.

2. The aforesaid statement has been opposed by the learned counsel for the respondents, though the learned counsel for the Hindu Religious and Charitable Endowments Department (in short 'HR & CE Department') fairly admitted that a tentative opinion was taken where it came out that the peacock was having a flower in the beak.

3. Three applications for impleadment were filed in the writ petition and they were kept pending for hearing the petitioner-in- person, as he had raised objections on the impleadment. However, this being a public interest litigation, without passing a formal order in the said applications, the learned counsel for the impleading applicants were permitted to address the issue. It is submitted that the opinion of the HR & CE Department may not be taken as final because it was not after involving the experts on the subject and thereby, while accepting the prayer of the petitioner to refer the matter to a Committee headed by a retired Judge, the outcome of the report should govern the subject. The Committee may decide under which Agama, the temple was constructed and as per