Disposed

S.Sridharan v. The secretary to Government

Madras HC3 Nov 2023WP/9446/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to cure violations and restore temple traditions at the Arulmigu Naanmadiya Perumal Temple, Thalachangadu. The Third Respondent filed a compliance report detailing inspections, preservation of ancient inscriptions, and restoration of temple steps. Based on this compliance, the Bench disposed of the petition.

What the court decided

AI extract

S.Sridharan Vs The secretary to Government — Writ and Judicial Review | Madras HC (2023)

¶1

W.P. No. 9446 of 2020

¶2

0IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED 03.11.2023

¶4

CORAM

¶5

THE HONOURABLE Mr. JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU

¶6

W.P. No. 9446 of 2020

S.Sridharan

... Petitioner

-vs-

The Secretary to Government Tourism, Culture and Religious Endowments Department Government of Tami Nadu Secretariat, Chennai – 600 009.

¶11

The Commissioner HR & CE Department 119, Uthamar Gandhi Salai Nungambakkam Chennai – 600 034.

¶12

The Joint Commissioner HR & CE Department Mayiladuthurai – 609 001.

¶13

The Assistant Commissioner HR & CE Department Kumbakonam – 612 001.

¶14

... Respondents

¶15

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying for a Writ of Mandamus, directing the Respondents to cure the violations done to Arulmigu Naanmadiya Perumal Temple at Thalachangadu,

¶16

https://www.mhc.tn.gov.in/judis

¶17

1/15

¶18

W.P. No. 9446 of 2020

¶19

Tharangampadi Taluk, Nagapattinam District temple and restore the tradition of the said temple within the time as may be fixed by this Court.

¶20

For Petitioner : Mr. S.Sridharan (Party-in-Person)

¶21

For Respondents : Mr. N.R.R.Arun Natarajan, SGP

¶22

O R D E R

¶23

(Order of the Court was made by P.D.AUDIKESAVALU, J.)

¶24

Heard Mr. S.Sridharan, Party-in-Person and Mr. N.R.R.Arun Natarajan,

¶25

Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

¶26

This Writ Petition has been filed for directing the Respondents to cure the violations done to Arulmigu Naanmadiya Perumal Temple at Thalachangadu, Tharangampadi Taluk, Mayiladuthurai District, and restore the tradition of the said Temple within the time as may be fixed by the Court.

¶27

In response to the various contentions raised in the Writ Petition, the Third Respondent has filed compliance report dated 02.11.2023 explaining the action taken for restoring the tradition of the said temple as follows:-

¶28

https://www.mhc.tn.gov.in/judis

¶29

2/15

¶30

W.P. No. 9446 of 2020

¶31

“3. Earlier by this office R.C.No.4076/2020 C1

¶32

dated:29.04.2022, Thiru. P. Venkatesan, Archaeological advisor, Office of the Regional Joint Commissioner, HR and CE Department, Thiruvannamalai has inspected the temple on 15.05.2022 and has submitted his report on 18.05.2022. The excerpts of his report regarding the epigraphs found in the temple is submitted below:-

¶33

"Details and present status of the ancient epigraphs found in the temple:

¶34

This ancient temple is fairly rich in inscriptions. The epigraphy branch of the Archaeological survey of India, Govt. of India has discovered, copied by preparing inked paper estampages (impressions) and deciphered and reported in their annual report for the year 1924-1925, six inscriptions, found incised in the temple. All the six inscriptions belong to the imperial Chola dynasty. All the six inscriptions are in Tamil language and script, which are in 11th -12tn century characters. All the six inscriptions are donatory in nature. Besides the Archaeological survey of India's annual report,

¶35

https://www.mhc.tn.gov.in/judis

¶36

3/15

¶37

W.P. No. 9446 of 2020

¶38

these six inscriptions are also found included in the volume 7 of the book - A topographical list of the inscriptions in the Tamil Nadu and Kerala States- Thanjavur District complied by TV Mahalingam. The Annual report on Indian Epigraphy for 19241925 mentions that inscriptions in the following parts were copied from the temple, which are numbered from 198 to 203. Following are the details of these six inscriptions as given in the Annual report.

¶39

1. A.R. report. No. 198, year of copying 1925, place of find -

¶40

on the stones into the north and south walls of the Nanmadiya perumal temple at Talachangadu, (Talai udaiyavar Koyil-patt), Dynasty-Chola, King Rajaraja chola I, Date - Panchami Thursday, Avittam, - Language and AlPhabet - Tamil, contents of the inscriptions - The inscription begins with the historical introduction jpUkfs; nghy bgUepyr; bry;tpa[k; etc., of the King Rajaraja I. Stones containing the writing of inscriptions are out of order and some stones are missing. i.e, portions of the inscriptions are lost - contents - The inscription records a gift

¶41

https://www.mhc.tn.gov.in/judis

¶42

4/15

¶43

W.P. No. 9446 of 2020

¶44

of 100 kasu by the assembly of Talaichchangadu for feeding, in

¶45

the name of Rajaraja 10 Brahmins, in the temple of Tiruchchitrakudattu - Alvar and for havirb adli - archana to the God. Specifies the sources from which this 100 kasu was to be raised.

¶46

2. AR.No. 199, year of copying - 1925, place of find in the

¶47

temple - on the north and west walls of the same temple, Dynasty - Chola, King-Raja... (Name damaged). probably Rakaraja) Date portion - lost, Lanquage and alphabet - Tamil, contents of the inscription - Here also portions of the inscription are lost. Contents of the inscription- records a gift of land to the temple of Sri Madhurai Adivbarahadevar at Talaichchangadu, by a resident of Idaiyarrukkudi,a brahmadeya in Marugal Nadu.

¶48

3. AR No 200, year of copying--1925, Place of find in the

¶49

temple- on the west wall of the same temple, Dynasty - Chola, King - Parakesari Varman, who took the head of vira - pandya -

¶50

https://www.mhc.tn.gov.in/judis

¶51

5/15

¶52

W.P. No. 9446 of 2020

¶53

i.e., Aditya II - His regnal year -3, = AD 959, Language and alphabet - Tamil, contents of the inscription stones containing the inscriptions are out of order. It records a gift of lamp to the

¶54

same temple by a lady who was the wife of a person, who was a native of Tirukkottiyur in Pandi-nadu.

¶55

4. AR No.201, year of copying - 1925, Dynasty - Chola, King Rajakesarivarman, Regnal year-16, language and alphabet- Tamil, contents of the inscription: Portions of the inscription are missing and stones built out of order. It seems to record a gift of land to the same temple.

¶56

5. AR. 202, year 1925, Dynasts -chola, King -

¶57

Rajakesarivarman, Regnal year - 12, language and alphabet -

¶58

Tamil , contents of the inscription: stones of this inscription are built out of order. It records the gift of a lamp by a merchant of

¶59

kollam in malai madu, to the same temple.

¶60

6. AR No.203, year - 1925, place of find on the north, west

¶61

https://www.mhc.tn.gov.in/judis

¶62

6/15

¶63

W.P. No. 9446 of 2020

¶64

and south bases of the same temple: Dynasty - chola, King

¶65

-Chola king Rajendra chola I, Date lost (AD1012- 1044) Thursday, kettai, language and alphabet - Tamil, contents of the inscription - stones built out of order and portions lost. Begins with the prasasti jpUkd;dp tsu etc., Rajendra chola I. It records the remission of taxes on certain temple lands by the assembly in lieu of the annual interest of 150 kalanju due on "400 kalanju of gold (by the standard) called rajendra so-lan madai, received Dy in-from a merchant of the virasola maligai at Gangaikonda solapuram on behalf of the temple of Tiruvayppadi -Alvan.

¶66

7. In addition to the above six inscriptions, there was an inscriptton which was found engraved in the stone which formed a step stone in the flight of steps which are now removed and stacked in the coconut grove opposite of the temple. This inscription is in Telugu script and language. It seems to record the construction of the flight of steps by some individual. This flight of steps in granite stones had a hasti-

¶67

https://www.mhc.tn.gov.in/judis

¶68

7/15

¶69

W.P. No. 9446 of 2020

¶70

hasta balustrade on both the sides of the flight of steps. The entire stones of this flight of steps have been removed some years ago and are stacked opposite of the temple in the coconut grove. On enquiry from the village -elders who were present at the temple during my inspection, it is learned that the stones in the flight of steps were in a damaged condition and therefore,

¶71

these were removed. This flight of steps was small and at the centre of the front side of manimandapa. .. The Telugu inscription may be of 17-18^th centuries A.D. This is a new discovery, came to light, during my inspection and examination of all the stone architectural members of the discarded stones of the flight of steps.

¶72

8. I have made a thorough search for discarded stone members, if any, both inside and outside vicinity of the temple. No such stone was found anywhere, except the stones numbering about 30, belonging to the damaged flight of steps, in the grove opposite of the temple.

¶73

https://www.mhc.tn.gov.in/judis

¶74

8/15

¶75

W.P. No. 9446 of 2020

¶76

9. Regarding the other statements in the OA, pertaining to Epigraphs found in the temple is temple, it is respectfully submitted that the inscriptions were not in their original order even during the year 1925. When the Govt of India through its Epigraphy Branch of the ASI had discovered copies, deciphered and reported in their Annual report on Indian epigraphy for 1924-25.

¶77

10. I have carefully examined the inscriptions found in the temple. All the above mentioned six inscriptions are available in the temple. These are engraved on the adishtana portion (plinth) of the temple walls. They are legible, but at places, eroded, damaged, not in running order cogently due to stones not in proper order, fragmentary, which render these unintelligible by naked eye, but will be easy to decipher if paper impressions are prepared. The paper estampages are available in Mysore, ASI office."

¶78

11. It is humbly submitted that by perusing the report of

¶79

https://www.mhc.tn.gov.in/judis

¶80

9/15

¶81

W.P. No. 9446 of 2020

¶82

Thiru. P: Venkatesan, ArchaeoBogical advisor, Office of the Regional Joint Commissioner, HR and CE Department, Thiruvannamalai it is clearly understood that there is no disappearance of stone inscriptions near the karungal mandapam in the temple. During my inspection on 15.11.2022, the inscriptions are found in adisthana portion of the South, West and northern side of the temple walls. It is submitted that steps are being taken to preserve those inscriptions. Photos of the six inscriptions and copy of the report of Thiru. P. Venkatesan, Archaeological advisor, Office of the Regional Joint Commissioner, HR and CE Department, Thiruvannamala1 is submitted herewith.

¶83

12. During my inspection on 15.11 2022, it was noted by comparing with the available old photographs taken before 2014 renovation that the flight of steps at the centre of the front side of Manimandapam was removed and the Manimandapam was expanded on its either sides, and two new flight of steps on both ends of the front side of the Manimandapam were built

¶84

https://www.mhc.tn.gov.in/judis

¶85

10/15

¶86

W.P. No. 9446 of 2020

¶87

during the erstwhile Hereditary Trustee tenure. The previous stone steps were from south to North direction while the new set

¶88

of steps were built from east to west direction. At present, Archaeological advisor report has been obtained and steps are being taken to rebuild the stone steps from South to North direction. The proposal was placed before state level Heritage Committee on 14.02.2023 and as per the committee resolution estimate was prepared, approved and the work is being executed by Temple authorities with the supervision of Archaeological consultant. He has earlier provided his report dated: 26.08.2023. The extract of his report is as follows:

¶89

@kapyhLJiw kz;lyk;. ju';fk;gho tl;lk;. jiyr;r';fhL fpuhkj;jpy; mike;Js;s mUs;kpF ehd;kjpabgUkhs; jpUf;nfhapypy; eilbgw;W tUk; fU';fy; gof;fl;Lfs; fl;Lkhd gzp 20/07/2023.

¶90

22/07/2023. 26/07/2023. 06/08/2023. 22/08/2023. 24/08/2023. 25/08/2023 kw;Wk; 26/08/2023 Mfpa njjpfspy; Ma;t[ nkw;bfhs;sg;gl;lJ/

¶91

kfh kz;lgj;jpd; tlg[wj;jpYk; bjd;g[wj;jpYk; gof;fl;Lfs; fl;Lkhdg;gzp eilbgw;W tUfpwJ/ g[uhjd rpiyfs; guhkhpg;g[

¶92

Kiwg;go nfhapy; tshfj;jpy; ghJfhf;fg;gl;l fw;fis gad;gLj;jpa[k;.

¶93

https://www.mhc.tn.gov.in/judis

¶94

11/15

¶95

W.P. No. 9446 of 2020

¶96

bjhy;ypay; Mnyhrfh; mwpf;ifapd;go rpy ,l';fspy;

¶97

g[duikf;fg;gl;Ls;sd/ jw;nghJ tiu 90# gzpfs; epiwtile;J

¶98

cs;sJ/ ,Uf;fpd;w fw;fis cgnahfpj;Jk;. kPjKs;s ,ayhj fw;fSf;F g[jpa fw;fisf; bfhz;Lk; fl;Lkhd gzp eilbgw;W jw;rkak; ntiyfs; epiwtile;J cs;sJ/ kPJKs;s gzpfs; ,d;Dk; xUthuj;jpw;Fs; epiwtila[k; epiyapy; cs;sJ/@

¶99

The Copy of the report and relevant photographs are submitted in my earlier status report dated:27.08.2023.

¶100

At present the work has been completed and the

¶101

archaeological advisor has provided his report on 11.09.2023. In his report he has stated as follows:-

¶102

@kapyhLJiw kz;lyk;. kapyhLJiw khtl;lk;. ju';fk;gho tl;lk;. jiyr;r';fhl;oy; mike;Js;s mUs;kpF ehd;kjpag;bgUkhs;

¶103

jpUf;nfhapy;. bjw;F kw;Wk; tlg;g[w fU';fy; gof;fl;Lfs; fl;Lkhd gzp 03/09/2023 md;W Ma;t[ nkw;bfhs;sg;gl;lJ/

¶104

bjw;F g[wj;jpy; cs;s gof;fl;Lfs; Vw;fdnt ,oj;J mg;g[wg;gLj;jp ,Ue;j fw;fisf; bfhz;Lk; njitahd ,l';fSf;F

¶105

g[jpa fw;fisf; bfhz;Lk; gHik khwhky; g[duikf;fg;gl;Ls;sJ/

¶106

Vw;fdnt gof;fl;oy; ,Ue;j bjhd;ikahd fy;btl;Lfs; bghwpf;fg;gl;l

¶107

gof;fy;ypYk; gof;fl;Lfspy; itj;J fl;lg;gl;Ls;sJ/ mjw;fhd rhd;Wk;

¶108

https://www.mhc.tn.gov.in/judis

¶109

12/15

¶110

W.P. No. 9446 of 2020

¶111

g[ifg;glj;Jld; ,izf;fg;gl;Ls;sJ/

¶112

tHpna kfh kz;lgj;jpw;F bry;tjw;F tHp Vw;gLj;jg;gl;Ls;sJ/

¶113

khz;gik brd;id cah;ePjpkd;wj;jpy; bjhptpj;jthW gzpfs;

¶114

Kof;fg;gl;Ls;sJ@

¶115

The copy of the report and the work completion photographs are submitted herewith.”

¶116

In such circumstances, nothing remains for further consideration in the

¶117

Writ Petition, but it would not preclude the Petitioner or any other person from raising any other issues relating to the maintenance of the tradition of the Temple, if necessity arises in future, in appropriate legal proceedings.

¶118

In the result, the Writ Petition is disposed with the aforesaid observations.

¶119

No costs.

¶120

Index: Yes / No Speaking order/ Non-speaking order Neutral Citation: Yes / No

¶121

https://www.mhc.tn.gov.in/judis

¶122

13/15

¶123

W.P. No. 9446 of 2020

¶124

pal/Maya

¶125

¶126

The Secretary to Government Tourism, Culture and Religious Endowments Department Government of Tami Nadu Secretariat, Chennai – 600 009.

¶127

The Commissioner HR & CE Department 119, Uthamar Gandhi Salai Nungambakkam Chennai – 600 034.

¶128

The Joint Commissioner HR & CE Department Mayiladuthurai – 609 001.

¶129

The Assistant Commissioner HR & CE Department Kumbakonam – 612 001.

¶130

https://www.mhc.tn.gov.in/judis

¶131

14/15

¶132

W.P. No. 9446 of 2020

¶133

R.MAHADEVAN, J. and P.D.AUDIKESAVALU, J.

¶134

pal/Maya

¶135

W.P. No. 9446 of 2020

¶136

03.11.2023

¶137

https://www.mhc.tn.gov.in/judis

¶138

15/15

S.Sridharan v. The secretary to Government

Case brief

What is this about?

What the court decided

S.Sridharan v. The secretary to Government

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M.Shanmugavelusamy Vs The District Collector

Balaji Krishnaswamy.T Vs State of Tamil Nadu

Rangarajan Narasimhan Vs D.K.Ramachandran

B.Jagannath, Advocate, Vs The Revenue Secretary

Mr.Abdul Samath, Vs The District Collector

K.M.Abdul Kadhar Vs The Secretary to Government