A devotee sought mandamus to survey a temple pond constructed in deviation from the approved plan (41m x 41m vs 41m x 39m), invoking Rule 16. The court held the deviation minor and wasteful to rectify, dismissed the writ petition and closed connected miscellaneous petitions.
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W.P.(MD) No.2682 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.2682 of 2024 and
W.M.P.(MD) Nos.2973 & 6620 of 2024
P.Saminathan ... Petitioner
Vs.
Nungambakkam, Chennai.
Tamil Nadu Hindu Religious and Charitable Endowments Department,
Nungambakkam, Chennai.
Tamil Nadu Hindu Religious and Charitable Endowments Department,
A/M. Suyambhu Sri Bhoomibalagan Temple, Malvai Village, Lalgudi,
... Respondents
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W.P.(MD) No.2682 of 2024
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to survey and verify whether the temple pond land situated in Malvoi Village in S.No.371 is constructed as per the approved plan based on the petitioner's representation dated 11.12.2023.
For Petitioner : M/s.A.Niveditha For R1 to R3 : Mr.P.T.Thiraviam Government Advocate For R4 : Mr.R.Murali
O R D E R
The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the first respondent to survey and verify as to whether the temple pond situated in Malvoi Village in S.No.371 is constructed as per the approved plan by considering the petitioner's representation dated 11.12.2023.
interim injunction restraining the respondents from proceeding further with the construction of the temple pond which was lying in a dilapidated condition.
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W.P.(MD) No.2682 of 2024
that is being carried out by the fourth respondent is in cross violation of Rule 16 of the Management and Preservation of Religious Institution Rules, 1964 and in deviation of the approved plan of the Assistant Commissioner of the Hindu Religious and Charitable Endowments Department, Trichy along with committee. It is specific submission of the learned counsel for the petitioner that as per the approved plan, the dimension of the temple pond has to be 41m x 41m, whereas, the dimension of the actual construction is 41m x 39m. Further, the learned counsel for the petitioner would draw attention of this Court to Sub-Rule (2) of Rule 16 of the Management and Preservation of Religious Institution Rules, 1964 which reads as under:
16. Deviations from plan and estimate not to be made without sanction. -
(1) A trustee or the Board of Trustees, as the case may be, shall not, except with the written sanction of the appropriate authority, exceed the expenditure sanctioned or deviate from the plan and estimate approved by the said authority.
(2) A trustee or the Board of Trustees, as the case maybe, shall not permit any worshipper or other person to commence the execution of any work or deviate from the plan approved by the appropriate authority without the permission of that authority.
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W.P.(MD) No.2682 of 2024
C.E. Department i.e., respondents 1 to 3 would refer to a communication dated 15.02.2024 sent by the Assistant Commissioner, H.R. & C.E. Department to the Divisional Engineer, H.R. & C.E. Department after this Writ Petition came to be admitted. It is submitted that steps have been taken to survey the construction that is being put up by the fourth respondent.
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W.P.(MD) No.2682 of 2024
therefore submitted that the interim injunction is causing great prejudice as already about Rs.96 lakhs has been spend for construction of the temple pond which was in a dilapidated condition.
for the petitioner and the learned Government Advocate for the first to third respondents and the learned counsel for the fourth respondent.
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W.P.(MD) No.2682 of 2024
minor deviation of approval on the ground that the same is contrary to Rule 16 of the Management and Preservation of Religious Institution Rules, 1964. Construction involves the plundering and utilization of scarce natural resources namely, gravel, stones, cement, sand, etc. They cannot be allowed to be wasted either by stalling the construction or by asking the fourth respondent to remove the deviation. In any event, deviation is a minor deviation and does not prejudice either public or the official respondents.
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W.P.(MD) No.2682 of 2024
Consequently, connected Miscellaneous Petitions are closed.
05.04.2024
Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order
JEN
Copy To:
Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.
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W.P.(MD) No.2682 of 2024
C.SARAVANAN, J.
JEN
W.P.(MD) No.2682 of 2024 and W.M.P.(MD) Nos.2973 & 6620 of 2024
05.04.2024
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2 issues framed by the court
Whether construction of the temple pond deviating from the approved plan contrary to Rule 16 should be halted.
Whether a devotee-petitioner could seek mandamus to survey and verify the pond's construction.
2 provisions across 2 enactments
P.Saminathan
The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai
The Additional Commissioner, Thirupanikuzhu, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai
The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai
The Hereditary Trustee, A/M. Suyambhu Sri Bhoomibalagan Temple, Malvai Village, Lalgudi, Trichy - 621652
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
