ORDER : P.D. AUDIKESAVALU, J. 1. The Petitioner in this Public Interest Litigation claims to be the founder of the Makkal Vizhipunarvu Arakkatalai which is functioning from the year 2009 and involved in the social welfare activities. The grievance espoused in this Writ Petition is that “the Thirumalairayar Padithurai Maiyya Mandapam” which was built in the central part of the Vaigai river near Simmakkal in the ancient city of Madurai in the year 1293 is in a dilapidated condition due to inadequate maintenance of that ancient monument. It has been highlighted that though there were originally 36 pillars, 12 of them had tumbled by the river floods and only 24 of the same are now available, which are also likely to disintegrate in due course as cracks have already developed and the rock and sand surrounding the structure has eroded and the basement exposed. In that backdrop, a direction has been sought to renovate that ancient monument. 2. At the time of admission, notice has been taken by Mr. D. Muruganantham, Learned Additional Government Pleader for the First to Fifth and the Seventh Respondents, Mr. N. Shanmugaselvam, Learned Standing Counsel for the Sixth Respondent and Mr. V.R. Shanmuganathan, Learned Counsel for the Eight Respondent. 3. The Third Respondent has filed a status report dated 07.01.2019, stating as follows:- “04. It is submitted that Kalmandapam situated between Yanaikkal Bridge and Thirumalai Naicker Padithurai at centre of Vaigai river belongs to this temple. Alleging that it was not properly maintained and that it was in a dilapidated condition, there was public interest litigation in W.P. (MD) No. 2171 of 2013 before this Hon'ble Court and this Hon'ble Court by order dated 28.02.2013, Hindu Religious and Charitable Endowments and this Respondent Temple were directed to maintain and repair the same. Further study was made for its permanent restoration and maintenance and after study by technical experts and their opinion, decision to reconstruct the Mandapam and also to reconstruct the Rough stone retaining wall on the norther side of the Mandapam, was taken. 05. It is submitted that since the estimate for the aforesaid work exceeded Rs.5 Lakhs, appropriate administrative sanction was sought for from the competent authority, viz., the Commissioner, H.R. & C.E., Chennai. By proceedings dated 19.05.2017 in Se. Mu. Na. Ka. No. 20921/2017/Q2, Administrative Sanction was granted as follows:- Work No. 1:- Reconstruction of Dilapidated stone Mandapam – Rs.18.75 Lakhs.
05. It is submitted that since the estimate for the aforesaid work exceeded Rs.5 Lakhs, appropriate administrative sanction was sought for from the competent authority, viz., the Commissioner, H.R. & C.E., Chennai. By proceedings dated 19.05.2017 in Se. Mu. Na. Ka. No. 20921/2017/Q2, Administrative Sanction was granted as follows:- Work No. 1:- Reconstruction of Dilapidated stone Mandapam – Rs.18.75 Lakhs. Work No. 2:- Reconstruction of damaged Random Rubble Masonry Retaining wall black stone Rampart Wall – Rs.42.00 Lakhs. It was further ordered that the said work shall be done with the Temple funds and by calling for public tenders. 06. It is submitted that thereafter based on the proposals already sent to the Commissioner, H.R. & C.E., Chennai for technical sanction, by proceedings dated 24.05.2017 in Na. Ka. No. 20921/2017/Q2, technical sanction was also granted by the competent authority. Based on those sanctions, public tenders were invited by this Respondent on 07.06.2017 vide R.C. No. 230/2015/F1, to carry out the aforesaid work which is put to challenge in the Writ Petition in W.P. (MD) No. 11428 of 2017. Initially interim stay was granted by this Hon'ble Court by order dated 13.07.2017, recording our submission that the tender was pursuant to permission by competent authority and recording our assurance that the renovation work would be carried out by adhering to the conservation measures recommended by the archeological experts. 07. It is submitted that after dismissal of said Writ Petition, another tender notification dated 18.08.2017 in respect of aforesaid works called for and only one tender application was received and he was also not qualified and hence the same was not accepted since he is not qualified. Again tender notification was issued on 11.10.2017 and successful tenderers were there. However for the purpose necessary approval by High Level Committee no work orders were issue. 08. I submit that on the other hand the District Level Heritage Screening Committee meeting was held on 19.03.2018 in which the following works were recommended:- i. Dilapidated norther wall of said Kallmandapam shall be reconstructed with the help of new cut stones. ii. Depth of basement wall of said Kallmandapam shall be fixed, for the purpose of constructing basement of the compound wall. iii. While constructing compound wall of said Kallmandapam concrete beam should be erected between every four rows. iv. Renovation of Vaigai River Kallmandapam shall proceed as per guidelines of Archeology Department.
ii. Depth of basement wall of said Kallmandapam shall be fixed, for the purpose of constructing basement of the compound wall. iii. While constructing compound wall of said Kallmandapam concrete beam should be erected between every four rows. iv. Renovation of Vaigai River Kallmandapam shall proceed as per guidelines of Archeology Department. Further said Mandapam should be renovated without affecting its heritage structures and the damaged stones shall be replaced with new cut stones. 09. In the said circumstances due to introduction of General Sales Tax entire tender amount was revised and refixed. Accordingly for renovation and reconstruction of Vaigai Kallmandapam valuation was fixed as Rs.23,00,000/- and the same was approved by the resolution passed by the Trustee of the Temple. After getting approval from Executive Engineer, Hindu Religious and Charitable Endowments Department, Madurai Region, Madurai proposal was forwarded to the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai for estimation approval. In this connection, it is submitted that in the case of Reconstruction of East Prakaram adjacent to Portamarai Kulam (Golden Lotus Tank) in Arulmighu Meenakshi Sundareswarar Temple, Madurai filed vide W.M.P. No. 30869 of 2017 in W.P. No. 37619 of 2015 in the Hon'ble Madras High Court, Chennai has ordered that “None of the articles/slabs removed during the course of such repair work/renovation can be used for any other purpose and shall be accounted for”. As such the estimate already submitted to an amount of Rs.23.00 Lakhs for favour of approval in which provision was made for using the old structural stone members for replacing the missing stone members in the Vaigai Mandapam was again revised with a provision of using newly procured stone members for replacing the missing stone members and this revised estimate value comes to Rs.43.00 Lakhs and the approval for the same has been accorded vide the Commissioner, H.R. & C.E., Chennai proceedings No. 49245/2018/Q2, dated 07.12.2018. 10. I submit that on the other hand as assured before this Hon'ble Court details of said renovation and reconstructions work details were placed before the High Level Committee constituted by this Hon'ble Court, for approval. The said proposal was placed before the High Level Committee constituted by this Hon'ble Court in the meeting held on 01.12.2018. The State Level High Court Committee after detailed scrutinization of the report submitted by this Respondent Temple had granted approval as follows:- Sl.
The said proposal was placed before the High Level Committee constituted by this Hon'ble Court in the meeting held on 01.12.2018. The State Level High Court Committee after detailed scrutinization of the report submitted by this Respondent Temple had granted approval as follows:- Sl. No. Name and Description of Proposed Work Resolution and Remarks 01. Dismantling and re-construction of existing cut stone pillars Mandapam a. Removal of existing weathering course & pressed tiles and relaying the same. b. Removal of existing Pavukal, Uthiram, Bothiyal & Pillars & re-fixing the same. c. Removal of existing Upabeedam & relaying the same. (A) Carry out scientific clearance of debris and record architectural members available for reuse. (B) Missing members may be replaced with new members. (C) Reconstruction after careful dismantling following the architectural style that is visible. (D) Consolidate the foundation and plinth of the madapam. (E) Paint on the stone members can be removed. (F) Bothiyal as an architectural element should not be introduced as it is not seen in the original design. 02. Reconstruction of North side retaining wall in RR Masonry. a. Below River bed level – 3.38m. b. Above River bed level – 3.6 m. Retaining wall can be completed in RR masonry with cement mortar. RC plinth beam can be introduced. 11. I submit that since the High Level committee constituted by this Hon'ble Court, has granted approval, the work of reconstructions of norther side retaining wall in RR masonry will be commenced within two weeks, by awarding works contract to the successful bidder in the tender dated 11.10.2017. In respect of other work i.e., dismantling and reconstruction of existing but store pillars, since the revised estimates have been sent to the Commissioner, H.R. & C.E. for approval, as soon as it is obtained, appropriate tender will be issued and works would be commenced thereafter. In this regard, this Respondent Temple had filed status report dated 03.12.2018 before this Hon'ble Court. It is submitted that after taking note all the above facts this Hon'ble Court vide order dated 04.12.2018 directed us to file additional report regarding time duration for getting administrative sanction for each work and outer time limit for completion of each work. 12.
In this regard, this Respondent Temple had filed status report dated 03.12.2018 before this Hon'ble Court. It is submitted that after taking note all the above facts this Hon'ble Court vide order dated 04.12.2018 directed us to file additional report regarding time duration for getting administrative sanction for each work and outer time limit for completion of each work. 12. It is submitted that the reconstruction of Vaigai River Maiya (Center) Mandapam work was classified as two works namely:- (1) Construction of retaining wall within Random Rubble Masonry on norther side of existing mandapam at Vaigai River by a Civil Contractor (P.W.D. Class I Contractor). (2) Dismantling and Reconstruction of existing cut stone pillars mandapam by the H.R. & C.E., approved Sthapathy. The tender for the first work of construction of retaining wall with Random Rubble Masonry on norther side of existing mandapam at Vaigai River is approved by the Commissioner, H.R. & C.E., Chennai vide R.C. No. 63153/2017/Q2, dated 26.12.2017. The work order has been issued on 08.12.2018 and work had already commenced on 08.12.2018 and the same is in progress and the work will be completed on or before 31.05.2019. For the second work of Dismantling and Reconstruction of existing cut stone pillars mandapam at Vaigai, estimate approval has been accorded vide the Commissioner, H.R. & C.E., Chennai proceedings No. 49245/2018/Q2, dated 07.12.2018 at the estimate value of Rs.43.00 Lakhs. The Temple Management took necessary action for calling tender from the H.R. & C.E. Department approved qualified Sthapathys, which tender notification was issued on 14.12.2018, fixing the last date of receiving tenders as 02.01.2019. The tenders so received were opened on 04.01.2019 and after scrutinizing the received tenders the same has been placed before the Trust Board in its meeting schedule to be held on 10.01.2019. On its approval, proposal for approval by the Commissioner, H.R. & C.E., Chennai shall be sent on or before 15.01.2019 and shall be obtained on or before 31.01.2019. The work order would be issued to the successful bidder in the 1st week of February, 2019. However, work could be commenced only in June 2019, after first work is over. At any rate, the work shall be completed on or before November, 2019.” Recording the aforesaid submissions made on behalf of the Third Respondent, the Writ Petition is disposed of.
However, work could be commenced only in June 2019, after first work is over. At any rate, the work shall be completed on or before November, 2019.” Recording the aforesaid submissions made on behalf of the Third Respondent, the Writ Petition is disposed of. However, as the action assured to be taken by the Third Respondent requires to be periodically monitored, we direct the Registry to list this case before the Division Bench of this Court constituted by the Hon'ble Chief Justice by order dated 23.07.2018 for hearing matters relating to preservation of items of historical importance, for reporting compliance and further orders on 21.01.2019. No costs.