JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the representation dated to 25.07.2019 and clean, desilt, deepen and renovate the temple tank ‘Anantha Saras’ of Sri Varadharaja Perumal Swamy Temple, Kanchipuram within the time period available. Prayer: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Fourth Respondents to fairly consider the request dated 18.08.2019 made by the Petitioner for the upkeep of the Fourth Respondent Temple, especially in the Ananthasaras area within the temple.) Common Order: The renowned Idol of the Deity, Sri Athi Varadar, carved from the sacred fig tree, is held in great reverence throughout the world, and lies immersed in the Temple Tank, viz., Anantha Saras Thirukulam (hereinafter referred to as ‘the Thirukulam’for brevity and convenience) in Arulmighu Sri Devarajaswamy Devasthanam (hereinafter referred to as ‘the Temple’for brevity and convenience) in the Temple Town of Kanchipuram in Tamil Nadu. In Article 49 of Part IV in the Constitution of India, 1950, dealing with the Directive Principles of the State Policy, it has been envisaged as follows:- Protection of Monuments and Places and Objects of National Importance:- It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, [declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.” In this context, reference may also be made to the observations of the Hon’ble Supreme Court of India in Mrinalini Padhi -vs- Union of India [ (2018) 7 SCC 785 ], which reads as follows:- 7. There is no doubt that proper management of pilgrimage centres of great importance is a matter of public interest. These centres are of undoubted religious, social, historical and architectural importance, representing cultural heritage of our country. Millions of people visit these centres not only for tourism but also for seeking inspiration for the righteous values and for their well-being. They also make huge offerings and donations for advancement of such values.” In this backdrop, it cannot be gainsaid that the protecting and preserving the antique Idol of the Deity, Sri Athi Varadar, and more particularly for the benefit of posterity, is of paramount importance. They also make huge offerings and donations for advancement of such values.” In this backdrop, it cannot be gainsaid that the protecting and preserving the antique Idol of the Deity, Sri Athi Varadar, and more particularly for the benefit of posterity, is of paramount importance. Since the Idol of the Deity is kept in the Thirukulam, the need to maintain and manage that Thirukulam also assumes significance. In the Policy Note for the year 2018-2019, the Tamil Nadu Hindu Religious and Charitable Endowments Department of the Government of Tamil Nadu (hereinafter referred to as ‘the HR & CE Department’for brevity and convenience) has expressed its commitment to identify and renovate Temple Tanks in the State in a phased manner. 2. On 29.06.2019, after 40 years, the water and existing aquatic creatures in the Thirukulam was transferred to another tank, viz., Potramarai Kulam, in the Temple premises and the Idol of the Deity emerged from the Thirukulam for worship at the Vasantha Mandapam in the Temple premises for a period of 48 days from 01.07.2019 to 17.08.2019, when a record number of more than one crore of devotees visited the Temple for that rare opportunity in their lifetime. 3. At that time, the Petitioner in W.P. No. 22723 of 2019, as Devotee, filed that Writ Petition on 29.07.2019 seeking direction to the Respondents to consider his representation dated 25.07.2019 to clean, de-silt, deepen and renovate the Thirukulam of the Temple within a time period. Since the Idol of the Deity had to return to the Thirukulam by the dawn of 18.08.2019, having regard to that paucity of time, the Temple Administration and the concerned authorities expedited action in the matter and had submitted periodical reports in that regard, during the hearings on 05.08.2019, 09.08.2019, 14.08.2019 and 16.08.2019, which indicates that the Thirukulam has been cleaned without making any changes to its natural framework, and that the debris and unwanted materials like bottles, plastic wastes, sand bags and other sediments have been removed. 4. The Petitioner in W.P. No. 24827 of 2019, who is another Devotee, attributing his inability to worship the Idol of the Deity during the aforesaid period due to the huge crowds, has on 20.08.2019 filed that Writ Petition for directing the Respondents to consider his request dated 18.08.2019 for the upkeep of the Temple, especially the area surrounding the Thirukulam. 5. 5. In the course of these proceedings, it was also found necessary to ensure that after the Idol of the Deity is placed back in the underground chamber of the Vasantha Mandapam in the Thirukulam, the water used to fill the Thirukulam is free from pollution and other impurities for the safe preservation of the Idol of the Deity. Accordingly, certain queries were raised by this Court to the concerned authorities, and inspections had been conducted by the Tamil Nadu Pollution Control Board, Central Water Commission and the Archaeological experts, who have submitted their reports, apart from the HR & CE Department, which administers the Temple including the Thirukulam. It is evident from the aforesaid reports with supporting materials produced that the main source of water for the Thirukulam is rainfall and three natural springs in the Tank-Bed and there are 15 inlet drains along the periphery for draining the rain water collected around the Thirukulam. The reports show that most of the parameters for testing the purity of water-content in August 2019 are substantially within permissible limits. However, in the Report dated 18.08.2019 from the District Environmental Engineer, Tamil Nadu Pollution Control Board, Sriperumbudur and in the Report dated 17.09.2019 from the Executive Engineer, Central Water Commission, Hydrology Division, Chennai, it has been stated that pH units and Biochemical Oxygen Demand (BOD) in the samples collected indicate that they are above the permissible limit. The reasons attributed for such occurrence has been explained as follows:- (i) The rain water collected is being let directly into the Thirukulam. (ii) The Thirukulam is not being kept clean free from non-biodegradable waste like waste paper, polythene bags, etc., (iii) The colour of the water in the Thirukulam looks pale greenish due to presence of organic plants like algae, which releases oxygen during day time. (ii) The Thirukulam is not being kept clean free from non-biodegradable waste like waste paper, polythene bags, etc., (iii) The colour of the water in the Thirukulam looks pale greenish due to presence of organic plants like algae, which releases oxygen during day time. It is further informed that the indicative guidelines evolved by the Central Pollution Control Board in compliance of the order dated 10.05.2019 in M.A. No. 26 of 2019 in O.A. No. 325 of 2015 passed by the National Green Tribunal for maintaining the quality of water with reference to these parameters has stipulated the acceptable limits as shown hereunder:- Total Chloroform Organism (mpn/100ml) shall be 50 or less pH units between 6.5 and 8.5 Dissolved Oxygen 6 mg/l or more Biochemical Oxygen Demand (BOD) 5 days 20o celsius 2 mg/l or less The following remedial measures have been suggested by the Central Water Commission in those reports for keeping the Thirukulam and the Idol of the Deity away from pollution and other impurities:- (i) Rain water collected along the boundary of the Thirukulam may be diverted into rain water harvesting pit containing the filter media before letting into the Thirukulam; (ii) Bioremediation technique process may be used to treat contaminated water by altering environmental conditions to stimulate growth of micro-organisms and degrade the target pollutants, where necessary; and (iii) Restriction of access to usage of the Thirukulam by visiting devotees. 6. It must be recalled here that at that time, it was proposed by the Temple Administration to re-transfer the water with aquatic creatures from the Potramarai Kulam to the Thirukulam, but the quality of water in Potramarai Kulam prima facie did not appear to be satisfactory. It was also then considered appropriate to examine as to how the proliferation of the aquatic creatures would be regulated to ensure that the water content does not get contaminated. However, by Divine Providence, there has been copious rain and the Thirukulam has been amply filled and the need to re-transfer the water from the Potramarai Kulam has not arisen. It is hastened to add here that if there is any future necessity to fill water in the Thirukulam from any other source, apart from rain and natural springs in its tank-bed, it would have to be ensured that its quality has been tested and duly certified by the Tamil Nadu Pollution Control Board for the required extent. 7. It is hastened to add here that if there is any future necessity to fill water in the Thirukulam from any other source, apart from rain and natural springs in its tank-bed, it would have to be ensured that its quality has been tested and duly certified by the Tamil Nadu Pollution Control Board for the required extent. 7. Attention must next be focused on the maintenance of the Thirukulam. It has to be placed on record here that the HR & CE Department of the Government of Tamil Nadu in its Reports filed on 05.08.2019, 14.08.2019 and 26.08.2019 and the District Collector, Kanchipuram in his Report filed on 09.08.2019, have informed that the following measures would be immediately undertaken for the proper upkeep of the Thirukulam:- (i) The pollution level of the water content in the Thirukulam would be regularly checked, pollutants and impurities periodically removed, and it would be ensured that the quality of water is maintained within the prescribed standards at all times. (ii) The entry to the Thirukulam would be closed by raising the height of the grilled fencing so that unauthorized persons do not have access and littering could be avoided; (iii) There would be 24x7 vigil of the Thirukulam by placing CCTV cameras at strategic points and guarding personnel from private security agencies would be deployed for that purpose; (iv) Sweeping the surrounding area and cleaning of garbage on daily basis shall be conducted; (v) Sprayers would be installed in the surrounding areas for sprinkling holy water from the Thirukulam on the visiting devotees; (vi) On the occasions of the Vaikasi Brahmotsavam Theerthavari, Vasantha Utsava Theerthavari and Float Festival on Full Moon Day in the Tamil Month of Thai, there would be proper and effective regulation of the devotees visiting the Thirukulam; (vii) Permission given to Vedaparayanakarars and Temple Sthaladharars in limited numbers during auspicious days to perform their anustanams would be restricted to specified time and they would be prohibited from using soap, shikakai powder and chemicals in the Thirukulam, apart from imposing other conditions as may be deemed necessary; (viii) The feeding of existing fishes and aquatic creatures in the Thirukulam by the public would be totally prohibited and the carrying of plastic containers and polythene materials would be banned; (ix) The Temple Administration would organize for feeding the fishes and other aquatic creatures in the Thirukulam by providing ‘pori’through separate containers periodically; and (x) After cleaning and levelling the sand taken from the Thirukulam, the area surrounding the Thirukulam would be converted and maintained as Nandavanam by the Temple Administration. 8. It has been brought to notice that there are some worms and insects in the Thirukulam now and it would be necessary to let fishes into the Thirukulam to keep them under control and feed upon the algae, which causes the greenish colour to the water. At the same time, it cannot be lost sight of the fact that the regulation of the proliferation of the fishes and other aquatic creatures equally involves concern. At the same time, it cannot be lost sight of the fact that the regulation of the proliferation of the fishes and other aquatic creatures equally involves concern. In this regard, the Assistant Director of Fisheries in his report dated 30.08.2019 has stated that in order to maintain the sanctity of the Temple and considering the area of the Thirukulam, it would be ideal to have 18,000 fishes harvested at any given point of time so as to avoid unnecessary mortality and for that purpose, it has been recommended that the fishing rights may be vested with the Fisheries Department of the Government of Tamil Nadu with payment of the lease amount to the HR & CE Department. These aspects of the matter, certainly require scientific study and deeper analysis and it would be prudent to relegate the same for consideration of the experts in the field for appropriate decision. That apart, opinions of specialists are also necessary on regular basis for collective decision-making in an effective manner for managing the affairs of the Thirukulam and its routine maintenance. Such matters include and are not limited to ensuring water quality, rain water harvesting, pollution control, purchase and installation of treatment plants and other machineries for those purposes, assessing need to let in fishes and their regulation, garbage clearance and overall tidiness, renovation of repairs of the structures, security services, preparation of budgets and arrangement of finances, entry and restrictions for public in the surrounding areas, conditions to be laid for the persons authorised to enter the Thirukulam during festivals or for any specific purposes, etc. 9. 9. Viewed from that perspective, it is imperative that the Government of Tamil Nadu forthwith constitutes a Standing Consultative Committee comprising of multi-disciplinary representatives of the State machinery, apart from other stakeholders for collective decision-making for the management and maintenance of the Thirukulam, which may preferably comprise the following authorities:- (i) The District Collector, Kanchipuram, (who may be its Chairperson); (ii) The jurisdictional Joint Commissioner, HR & CE Department of the Government of Tamil Nadu at Kanchipuram; (iii) The Commissioner of Kanchipuram Municipality; (iv) The Superintendent of Police, Kanchipuram District; (v) The jurisdictional Environmental Engineer, Tamil Nadu Pollution Control Board for Kanchipuram District; (vi) Representative of the Central Water Commission for water bodies in Kanchipuram District; (vii) Representative of the Archaeological Survey of India for Kanchipuram District; (viii) The Assistant Director of Fisheries for Kanchipuram District; (ix) A Geologist of reputation and standing; (x) An expert in Vaishnava Agamas of reputation and standing; (xi) Members of the Board of Trustees of the Temple; and (xii) The Executive Officer of the Temple (who may be its Member Secretary); It is needless to point out here that Sections 1(4)(b) and 92(4)(ii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, recognizes the constitution of such Consultative Committee by the Government of Tamil Nadu. On the formation of such Consultative Committee, it shall be mandatory to obtain its prior approval before the concerned authorities take any decision relating to the management and maintenance of the Thirukulam. The periodicity and quorum for convening the meetings of that Consultative Committee and incidental and ancillary matters connected therewith shall be determined by the Government of Tamil Nadu. 10. The point now shifts to creation of an in-built mechanism to monitor that timely action is taken by the concerned authorities for the proper upkeep and maintenance of the Thirukulam, and in the event of any aberration, to take suitable remedial measures. It would be useful here to the decision of the Hon’ble Supreme Court of India in Mrinalini Padhi –vs- Union of India [(2018) 7 SCC 789] where it has been laid down as follows:- 20. The issue of difficulties faced by the visitors, exploitative practices, deficiencies in the management, maintenance of hygiene, proper utilization of offerings and protection of assets may require consideration with regard to all Shrines throughout the India, irrespective of religion practiced in such shrines. The issue of difficulties faced by the visitors, exploitative practices, deficiencies in the management, maintenance of hygiene, proper utilization of offerings and protection of assets may require consideration with regard to all Shrines throughout the India, irrespective of religion practiced in such shrines. It cannot be disputed that this aspect is covered by List III Item 28 of the Seventh Schedule to the Constitution of India and there is need to look into this aspect by the Central Government, apart from State Governments. .... 30.9  Difficulties faced by the visitors, deficiencies in management, maintenance of hygiene, appropriate utilization of offerings and protections of assets with regard to shrines, irrespective of religion is a matter for consideration not only for the State Government, Central Government but also for Courts. Every District Judge throughout India may examine such matters himself or through any court under his jurisdiction and send a report to the concerned High Court so that such report can be treated as PIL on the judicial side and such direction may be issued as may be considered necessary having regard to individual fact situation.” In conformity with that authoritative pronouncement of the highest court of the land, the District Judge at Kanchipuram, shall make periodical and/or surprise inspections of the Thirukulam so as to ascertain whether the aforesaid undertakings given by the HR & CE Department and the decisions taken pursuant to the resolutions of the Standing Consultative Committee, which is to be constituted by the Government of Tamil Nadu, are scrupulously followed and effectively implemented by the concerned authorities. Such powers shall also be exercised whenever written representations or complaints with concrete evidence of violations are received in that regard. In case of any refusal, failure, inaction or unacceptable delay, by the concerned authorities to carry out their functions despite notice issued in that regard, the said District Judge shall send such report with necessary details to the Registrar (Judicial) of this Court, who shall, in turn, after obtaining necessary orders from the Hon’ble Chief Justice, place the matter before the concerned Bench for treating the same as `Public Interest Litigation’in terms of the aforesaid ruling of the Hon’ble Supreme Court of India. 11. 11. In view of the foregoing discussion, the following order is passed:- (i) The Temple Administration and the HR & CE Department shall ensure that their undertaking as recorded in paragraph 7 of this order is fully implemented in its true letter and spirit, and necessary registers shall be maintained for those purposes, which shall be inspected and verified by the District Judge at Kanchipuram, on quarterly basis; (ii) The Temple Administration and the HR & CE Department shall take immediate remedial measures recommended by the Central Water Commission extracted in paragraph 5 of this order to improve the quality of water in the Thirukulam, and report of compliance in that regard is filed before the District Judge at Kanchipuram, within 60 days; (iii) The Temple Administration and the HR & CE Department shall ensure that the quality of the water in the Thirukulam is tested by the concerned authorities of the Tamil Nadu Pollution Control Board and the Central Water Commission on quarterly basis and copies of the reports in that regard are promptly submitted to the District Judge at Kanchipuram; (iv) The Government of Tamil Nadu shall constitute the Standing Consultative Committee for maintenance and management of the Thirukulam, having due regard to the suggestions made in paragraph 9 of this order, and requisite notifications in that regard shall be issued within 60 days; (v) The various authorities mentioned in this order shall perpetually extend their fullest co-operation for effectively carrying out the maintenance of the Thirukulam with promptitude; and (vi) The District Judge at Kanchipuram shall carry out the obligations and responsibilities relating to the maintenance of the Thirukulam as indicated in this order. 12. The Writ Petitions are disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.