IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

C O R A M

THE HON'BLE MS.JUSTICE V.M.VELUMANI

W.P.No.17442 of 2021

and

W.M.P.No.18524 of 2021

1. V.S.Jayabal

2. Dr.S.Velumani

...Petitioners

Vs

1. The State of Tamil Nadu,

Rep by its Principal Secretary to Government,

Tourism, Culture and Charitable Endowments

Department, Secretariat, Fort St.George,

Chennai – 600 009.

2. The Joint Commissioner/Executive Officer,

Hindu Religious & Charitable Endowments

Department, Arulmighu Aranganadhaswami Thirukovil,

Srirangam, Thiruchirapalli – 620 006.

3. The State Level Expert Committee,

Rep. by the Additional Commissioner (Thirupani),

O/o. The Commissioner,

Uthamar Gandhi Salai,

Nungambakkam, Chennai – 600 034.

... Respondents

(R3 suo motu impleaded vide order dated

07.03.2022 in W.P.No.17442 of 2021)

Prayer Writ Petition filed under Article 226 of the Constitution

of India, praying for the issuance of Writ of Mandamus,

directing 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 1^st respondent and the proceedings

in Na.Ka.No.1719/1414/T5 dated 15.12.2015 issued by the 2^nd

respondent and the conservation manual and reports of the

experts obtained by the petitioners.

For Petitioners

: Mr.P.Wilson

Senior Counsel

for M/s.P.Wilson Associates

For Respondents

: Mr.K.Karthikeyan

Government Advocate

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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 1^st respondent and the proceedings in

Na.Ka.No.1719/1414/T5 dated 15.12.2015 issued by the 2^nd

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 13^th 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

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