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2019 DIGILAW 315 (MAD)

R. Rajaselvan v. State of Tamil Nadu

2019-01-31

K.K.SASIDHARAN, P.D.AUDIKESAVALU

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ORDER : K.K. SASIDHARAN, J. 1. The Writ Petition in W.P.(MD)No.1126 of 2019 has been filed in pro bono publico to direct the State to sanction necessary amount for the renovation and Kumbabishekam of Arulmighu Aathikesava Perumal Temple, Thiruvattaru, Kanyakumari District, taking into account the proposal dated 01 February, 2018, forwarded by the Executive Officer of the Temple and to approve the proposals for appointment of employees to various temples in the District. 2. The Aathikesava Perumal Temple is one among the Divya Desoms. The Deity is stated to be older than Sri. Anantha Padmanabha Swamy at Trivendrum. The Temple is famous for its murals and architecture. The local people and devotees joined together with the temple administration for the renovation of the Temple and to conduct the Kumbabhisekam. The donors have undertaken various works inside the Temple to expediate the process of renovation and to conduct the Kumbabhisekam. The proposal made by the Executive Officer for sanctioning a sum of Rs. 98.50 Lakhs was kept pending in the office of the Commissioner, Hindu Religious and Charitable Endowments Department [hereinafter referred to as 'the Commissioner']. Since there was no progress, the petitioner has come up with this Writ Petition. 3. The petitioner has taken up another issue relating to the proposals made for appointment of employees for various temples in Kanyakumari District. The proposals were made on 27 November, 2017 and in the month of April, 2018. The temples in the District are facing considerable difficulties on account of non-filling the sanctioned posts, in spite of completing the selection process. 4. This Court, by order dated 22 January, 2019, directed the Commissioner, Hindu Religious and Charitable Endowments Department, to sanction the amount indicated in the proposal on 01 February, 2018 and to dispose of the proposals for appointment of employees to the temples. The Commissioner was directed to take a decision forthwith and report compliance on 25 January, 2019. 5. The Commissioner appeared before us on 25 January, 2019. The Commissioner informed that he has sanctioned a sum of Rs.97.2 Lakhs for renovation of temple and the conduct of Kumbabhisekam. According to the Commissioner, the sanctioned amount could be released only after clearing the proposal by the Advisory-cum-Supervisory Committee (Expert Committee) and Working Committee for the Hindu Religious and Charitable Endowments Department to restore the murals. The Commissioner informed that he has sanctioned a sum of Rs.97.2 Lakhs for renovation of temple and the conduct of Kumbabhisekam. According to the Commissioner, the sanctioned amount could be released only after clearing the proposal by the Advisory-cum-Supervisory Committee (Expert Committee) and Working Committee for the Hindu Religious and Charitable Endowments Department to restore the murals. Since the term of the Committee expired on 10 October, 2017, proposal was made to the Government on 21 June, 2018 for extending the term. However, the Government has not passed any order. The Commissioner further submitted that several proposals relating to restoration of murals are pending on account of the delay in constituting the Committee. 6. Since the Commissioner pointed out a sorry state of affairs, we directed the Government to pass appropriate orders for approving the proposal relating to the constitution of Committee and report compliance on 31 January, 2019. The Commissioner also agreed to clear the other two proposals relating to appointment of employees on or before 31 January, 2019. 7. When the Writ Petition was taken up for consideration today, the second respondent filed a counter-affidavit indicating the steps so far taken and the results of the action pursuant to the order passed by this Court. 8. ACTION TAKEN SO FAR: (i) The Government of Tamil Nadu, pursuant to the order of this Court dated 25 January, 2019, re-constituted the Mural Committee for a period of two years from 28 January, 2019 as per order in G.O.(P)No.12, TC&RE Department (RE 1.1) dated 28 January, 2019. (ii) The Mural Committee agreed to meet on 04 February, 2019 for the purpose of considering the proposal for renovation of Murals. (iii) The Joint Commissioner was asked to give certain particulars by proceedings dated 29 January, 2019 for clearing the proposals for appointment of employees. (iv) The Joint Commissioner answered the query on 29 January, 2019 itself. 9. The timely action taken by the Commissioner, pursuant to our order, got the desired results. The Government Machinery moved swiftly. In view of the subsequent events referred to above, there would not be any difficulty for granting approval to the works proposed to be undertaken, release of funds and clearing the proposals for appointment of employees. 10. 9. The timely action taken by the Commissioner, pursuant to our order, got the desired results. The Government Machinery moved swiftly. In view of the subsequent events referred to above, there would not be any difficulty for granting approval to the works proposed to be undertaken, release of funds and clearing the proposals for appointment of employees. 10. We, therefore, issue the following directions: (i) We direct the Mural Committee to take up the proposal for renovation and Kumbabhisekam of Aadikesava Perumal Temple in its meeting on 04 February, 2019 positively and pass appropriate orders for sanctioning the proposal on or before 08 February, 2019. (ii) We direct the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, to release a sum of Rs. 97.2 Lakhs to the temple immediately after granting approval by the Mural Committee positively by 15 February, 2019. (iii) The Commissioner, Hindu Religious and Charitable Endowments Department, is directed to clear the two proposals for appointment of employees to the temples, as indicated in Paragraph No.13 of the affidavit dated 30 January, 2019 by 11 February, 2019. (iv) We direct the Executive Officer, Kanyakumari District Thirukkovilgal, to announce the date of Kumbabhisekam immediately after receiving the funds and at any rate, on or before 28 February, 2019. (v) We direct the Executive Officer to take immediate action for removal of the objectionable structures and encroachments, which are blocking the free access to the temple through its front entrance. Such exercise shall be completed by 28 February, 2019. 11. WORD OF APPRECIATION: (I) We place on record our appreciation of the efforts taken by Thiru. R. Alagumani, Advocate, for a public cause, resulting in accelerating the process of renovation of a very ancient temple. (ii) The part played by Thiru. K. Paneenthara Reddy, IAS., Principal Secretary -cum- Commissioner, Hindu Religious and Charitable Endowments Department, deserves to be appreciated. The Commissioner appeared before this Court in person and ably assisted us to resolve the issue early. We appreciate the work done by the Commissioner. 12. The Writ Petition is disposed of with the above direction. No costs.