A.Radhakrishnan Vs The Secretary to Government

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, directing the respondents 6 to 19 to safeguard the interest of 20^th respondent temple by considering the petitioner representation dated 06.04.2015 & 28.01.2021 as well the reports submitted by the respondents 17 & 14 dated 9.4.2015 & 10.04.2015 respectively.

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For Petitioner : Mr.A.Radhakrishnan (Party-in-Person)

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For Respondents : Dr.T.Seenivasan Special Government Pleader for R1, R2, R3 & R17

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Mr.S.Ravichandran Additional Government Pleader HR & CE for R10, R19 & R20

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Writ Petition No.5845 of 2021

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O R D E R

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The Writ Petition has been filed in the nature of a Mandamus seeking a

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direction against 6th - 9th respondents to safeguard the interest of 20^th respondent temple. In this regard, the petitioner had given representations dated 06.04.2015 and 28.01.2021. The petitioner also places reliance on the report submitted by R17, District Forest Officer, Salem and R14, Taluk Executive Magistrate cum Tahsildar at Yercaud in Salem dated 09.04.2015 and 10.04.2015 respectively.

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2.The petitioner appears as a party in person. He claims that from the age of 13 he had been visiting and has been a devotee of a temple which had been impleaded as R20 in the writ petition viz. , Arulmigu Kariaramar Temple in Shervarayan South Range, Karungali Hamlet in Salem. It is therefore only appropriate that if any directions are issued, caution should be exercised that taking advantage of such directions, who ever visits the temple should not destroy the flora and fauna surrounding the Temple. But however the Temple will also have to be maintained.

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Writ Petition No.5845 of 2021

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3.The fact that there is a Temple is affirmed in the counter affidavit filed

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by the Tahsildar, Yercaud, wherein he had stated that the Temple exists in a small structure measuring 10 x 15 feet = 150 sq.ft., with asbestos sheet. It is surrounded by dense reserve forest. It is also stated that there are devotees who come over to worship in the Temple. It must be kept in mind that it is not the number of devotees who visit which is of importance but the fact that the deity in the Temple is considered to be worshipable atleast by one person. If that be the case then protection must be given to the Deity.

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4.It is also seen in the counter affidavit of the District Forest Officer at Salem, again the existence of the Temple is affirmed.

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5.Paragraph 4 of the counter affidavit is as follows:

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“4.It is respectfully submitted that the petitioner had initially made representation to the government secretary, Environment & Forests Department, Chennai dated 6.4.2015 seeking to establish infrastructure and to do the basic needs of to the Kariyaraman Kovil situated in Karungali hamlet Revenue Village of Mundagampadi, Yercaud Taluk, Salem District. The joint inspection of various appropriate departments. The same was conveyed by the district Collector, Salem through email on 6.4.2015 itelf y instructing all

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Writ Petition No.5845 of 2021

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other concerned Departments to do the joint inspection on 7.4.2015 itself, on joint inspection was arranged a separate team headed with the Tahsildar, (revenue Inspector of Salem/ Yercaud) in the presence of Karungali Hamlet Village people inspected the Kariyaraman Thirukovil land and temple building.”

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6.The issue in this writ petition is about the maintenance of the Temple. The Temple is admittedly also not under the control of the HR & CE Department. But devotees visit the Temple. According to the petitioner there are is no hundi and therefore there is no revenue which accumulates with the temple. But it is of much significance for the local residents.

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7.A direction is issued to the District Collector, Salem to form a separate

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team of Forest Officials and Revenue Officers to ensure that the devotees are permitted to worship in the Temple and if it is possible to renovate the Temple. It is seen from the photographs that there is an asbestos sheet. This could always be removed by third parties. The District Collector may therefore taken upon himself/herself the responsibility of putting up a structure for the Temple and ensure that devotees are not put to any hardship when they go to worship in the Temple.

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Writ Petition No.5845 of 2021

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8.The Revenue Officials particularly the Tahsildar may ensure that the

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Temple is maintained properly. It will also be appreciated if the District Collector, Salem, also makes a personal visit to the Temple which would only send out a very strong message of responsible administration.

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