Devotee sought mandamus to restrain authorities from constructing an Annadhana Koodam near the Pasupatheeswarar Temple Teppakulam, fearing harm to underground water resources. The court noted archaeological clearance and precautions taken, disposed of the petition with observations that construction must follow precautionary measures.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.2834 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.2834 of 2024 and
W.M.P.No.3087 of 2024
R.Venkataraman
... Petitioner
Vs.
Nungambakkam, Chennai 600 034.
Page No.1 of 8
W.P.No.2834 of 2024
6.The Superintendent Archaeologist, Chennai Circle, Archaeological Survey of India, Chennai 600 009.
... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents from making any permanent structure in and around Holy Tank / Teppakulam in the land owned by the Pasuppatheeswarar Temple comprised in Survey No.215/1 at Pandanallur Village.
For Petitioner : Mr.M.V.Swaroop
For Respondents : Mr.N.R.R.Arun Natarajan, SGPfor R1-R4 Mr.P.Gurunathan, AGP for R5 Mr.R.Rajesh Vivekanandhan, Deputy Solicitor General of India for R6
ORDER
This Writ Petition has been filed for the issuance of a Writ of
Mandamus to forbear the respondents from making any permanent structure in and around Holy Tank / Teppakulam in the land owned by the Pasuppatheeswarar Temple comprised in Survey No.215/1 at Pandanallur
Village.
Page No.2 of 8
W.P.No.2834 of 2024
2 . Heard Mr.M.V.Swaroop, learned counsel for the petitioner,
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for the respondents 1 to 4, Mr.P.Gurunathan, learned Additional Government Pleader for R5 and Mr.R.Rajesh Vivekanandhan, learned Deputy Solicitor General of India for R6.
3. The petitioner is said to be a devotee of Pasuppatheeswarar
Temple. The temple has a Teppakulam and it is said to have got perennial water resource and retains water throughout the year.
4. The learned counsel for the petitioner submitted that the underground canals leaving from the moat on all sides will be blocked, if any construction like Annadhana Koodam is erected there. He further submitted that the temple is more than 100 years old and it has to be considered as a heritage temple and no construction should be allowed to
be made by polluting the underground water resources around the Teppakulam.
Page No.3 of 8
W.P.No.2834 of 2024
5. The learned Special Government Pleader for the respondents 1
to 4 submitted that an approval has been given by Archaeological Department only after making a thorough inspection. In the archaeological report, the following has been stated:
“,j;jpUf;NfhapYf;F nrhe;jkhd jpUf;Fsj;jpd; njd;gFjpapy; jpwe;j epyg;gug;gpy; md;djhd$lk; fl;Ltjw;F Fk;gNfhzk; ,e;J rka mwepiyaj;Jiw cjtp Nfhl;lg;nghwpahsu; mth;fshy; mstPL nra;ag;gl;L m];jpthu Fop Njhz;lg;gl;Ls;sJ. Fsj;jpd; njd;fiuapy; ,Ue;J 40 mbf;F mg;ghw;gl;L md;djhd$lj;jpd; ntspg;GwRth; mikaAs;sjhy; Mz;LNjhWk; khrp khjj;jpy; eilngWk; njg;gj;jpUtpohtpd; NghJ gf;ju;fs; epd;W topg;gLtjw;F njd;Gwk; kl;Lkpd;wp fpof;F> Nkw;F kw;Wk; tlGwq;fspYk; NghJkhd ,ltrjp cs;sJ.
jpUf;Fsj;jpd; Nkw;Gwj;jpy; jpUf;NfhapYk;> tlf;F kw;Wk; njd;Gwj;jpy; ePz;l njhiytpw;F epyg;gug;Gk; fpof;F gFjpapy; kl;Lk; mfop mUfhikapy; cs;sjhy; jpUf;Nfhapiy Rw;wpAs;s mfopypapUe;J jpUf;Fsj;jpw;F ePh; tUk; tifapy; fpof;Ffiuapd; ikag;gFjpapy; nrq;fy; fl;Lkhdk; nfhz;L 14'' mfyKk; 14'' cauKk; cs; $L nfhz;Lk; jpUf;Fsj;jpd; cl;Gwj;jpy; kz; jiujsj;jpy; ,Ue;J 3.5 mb cauj;jpYk; ePh; top ghij mikf;fg;gl;Ls;sJ. NkYk; jpUf;Nfhapypy; ,Ue;J kiof;fhyq;fpy; ntspNaWk; kioePh; jpUf;Fsj;jpd; Nkw;fiuapd; topahf jpUf;Fsj;jpw;F nry;Yk; tifapy; ghij
Page No.4 of 8
W.P.No.2834 of 2024
mike;Js;sJ.
md;djhdf;$lk; fl;Lkhdj;jpdhy; jpUf;Nfhapy; jpUf;Fsk;> jpUf;Fsj;jpd; ePh;top ghij kw;Wk; goikahd fl;blq;fSf;F vt;tpj ghjpg;Gk; ,y;iy. NkYk; md;djhd fl;Lkhdk; jpUf;Nfhapypd; Njhw;wj;ij kiwf;fhj tifapy; miktplk; cs;sJ.”
6. The learned Special Government Pleader for the respondents 1 to 4 produced the allotment of funds and necessary permissions accorded to erect Annadhana Koodam. If the Archaeological Department issues No Objection Certificate, the same cannot be issued without taking into account of environmental features surrounding the temple teppakulam. The respondents have not initiated any action to construct Annadhana Koodam without any permission from the appropriate authority and they have also taken all precautionary measures including the approval from the Archaeological Department.
7. Hence the petitioner need not be panic about any environmental hindrance. At the same time, it is also obligatory on the part of the respondents to put up the construction by taking necessary precautionary measures while putting up the construction.
Page No.5 of 8
W.P.No.2834 of 2024
8. With these observations, this Writ Petition is disposed. No costs.
08.02.2024
Index : Yes /No Internet : Yes/No Speaking / Non-speaking Neutral Citation : Yes / No gsk
To
Page No.6 of 8
W.P.No.2834 of 2024
Pandanallur Panchayat Board, Pandanallur Thanjavur District.
6.The Superintendent Archaeologist, Chennai Circle, Archaeological Survey of India, Chennai 600 009.
R.N.MANJULA, J.
Page No.7 of 8
W.P.No.2834 of 2024
gsk
W.P.No.2834 of 2024 and W.M.P.No.3087 of 2024
08.02.2024
Page No.8 of 8
1 issue framed by the court
Whether respondents can erect a permanent structure (Annadhana Koodam) in and around the temple Teppakulam land at Survey No.215/1, Pandanallur.
1 provisions across 1 enactments
R.Venkataraman
The Commissioner, The Hindu Religious and Cultural Endowments Department
The Joint Commissioner HR & CE, Sithargadu Mayiladuthurai
The Assistant Commissioner HR & CE / Fit Person (Sri Pasupatheeswarar Temple, Pandanallur)
The Executive Officer HR & CE, Sri Pasupatheeswarar Temple, Pandanallur
The President, Pandanallur Panchayat Board
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
