SEKAR REPORTER

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Fourth day of July Two Thousand  and Twenty Three PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN and The Hon`ble  Mr.Justice D.BHARATHA CHAKRAVARTHY WP(MD) No.16110 of 2023 PERIYANAMBI NARASIMHA GOPALAN    … PETITIONER                               Vs THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, NO. 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI 600 014. THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI. THE SUPERINTENDING ARCHAEOLOGIST,

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )

Tuesday, the Fourth day of July Two Thousand  and Twenty Three

PRESENT

The Hon`ble Mr.Justice S.VAIDYANATHAN and

The Hon`ble  Mr.Justice D.BHARATHA CHAKRAVARTHY

WP(MD) No.16110 of 2023

PERIYANAMBI NARASIMHA GOPALAN    … PETITIONER

Vs

  • THE COMMISSIONER

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, NO. 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI 600 014.

  • THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.
  • THE SUPERINTENDING ARCHAEOLOGIST,

ARCHAEOLOGICAL SURVEY OF INDIA,

CHENNAI CIRCLE, FORT ST. GEORGE, CHENNAI

  • THE COMMISSIONER

DEPARTMENT OF ARCHAEOLOGY,

TAMIL VALARCHI VALAAGAM, TAMIZH SALAI, EGMORE, CHENNAI.

  • THE JOINT COMMISSIONER

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, TNHB COLONY, ELLIS NAGAR, MADURAI, MADURAI DISTRICT.

  • THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI.
  • THE THASILDHAR

MADURAI WEST TALUK, MADURAI.

  • THE JOINT COMMISSIONER / EXECUTIVE OFFICER, ARULMIGU MEENAKSHI SUNDARESHWARAR TEMPLE, MADURAI, MADURAI DISTRICT.
  • THE TRUSTEES

VALAI VEESI THEPPAKULAM, PONMENI, MADURAI, MADURAI DISTRICT.

  • D.BALASUBRAMANIAN
  • LAKSHMANAN
  • JOTHIRAMALINGAM
  • VETRIVEL,                … RESPONDENTS

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Mandamus, directing the respondents to restore the Valai Veesi Theppakulam and Kalakovil

Temple by taking appropriate action, which situated in T.S.No. 35 PT (Old T.S.No.

6/1) measuring to an extent of 1.81 acres in Block No. 93, Ward No. 5, Ponmeni,

Madurai West Taluk, Madurai, Madurai District, which belong to the Arulmigu Meenakshi Sundareshwarar Temple, Madurai within the time fixed by this Hon’ble Court.

ORDER :   This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.VIGNESH, Advocate for the petitioner and of Mr.VEERA KATHIRAVAN, Additional Advocate General Assisted by Mr.P.THILAKKUMAR, Government

Pleader on behalf of the Respondents No.1 to 8 and Mr.T.LAJAPATHI ROY, Senior Advocate for M/s.LAJAPATHI ROY & ASSOCIATES, for the 13th Respondent, While admitting the Writ Petition, the court made the following order:-

[Order of the Court was made by S.VAIDYANATHAN, J.] Admit.  Issue Rule Nisi.

  1. P.Thilakkumar, learned Government Pleader, takes notice for the

respondents 1 to 8 and M/s.Lajapathi Roy & Associates takes notice for the thirteenth respondent.

  1. The petitioner has sought for restoration of Valai Veesi Theppakulam

and Kalakovil Temple, situated in T.S.No.35 PT (Old T.S.No.6/1), measuring an extent of 1.81 Acres in Block No.93, Ward No.5, Ponmeni, Madurai West Taluk, Madurai, Madurai District.

  1. It is submitted by the petitioner that the mythology, which revolves

around Valai Veesina Padalam is that there are about 64 Thiruvilaiyadal Puranams of

Lord Shiva and the 57th Thiruvilaiyadal Puranam vividly describes about the Valai Veesina Padalam and the story goes as follows:

“While Lord Shiva was instructing the goddess about Vedas, Parvathy paid a little attention and annoyed by the same, Lord Shiva denounced on her as a punishment, that she would be born in a fisherman’s tribe. The goddess asked for pardon and mitigation of punishment for which, Lord Shiva promised himself to come and take her as his wife. She was found at the foot of a Pinna tree, (Calophyllum

Inophyllum) in the shape of a young infant and a head of the tribe of

Parawas, who was childless for long time, took the child to his wife and

both were attached to the infant and reared it with care. Afterwards, when the girl child was grown up, the head of the tribe promised her in marriage to anyone who should catch a very troublesome shark, which broke the people’s boats and destroyed the fishermen. The shark was Nandi in disguise, the god’s vehicle. Nandi was given punishment for the reason that when the god had denounced punishment against the goddess, the two children, Subramaniyan and Vinayagar (Ganesa) said, “it is because of our father’s books that this has happened.” Subramaniyan snatched the book from his father’s hand and Vinayagam threw the same on the floor and cast the books into the sea. Lord Shiva, being annoyed by the act of Subramaniyan and Vinayagar, got angry with Nandi, the porter for allowing His children to snatch the books and sentenced him to become a shark in the ocean, while condemning Vinayagar to the penalty of dumbness, but denouncing nothing against Subramaniyan, because of the gift that he had previously received, that is, that the curse pronounced against him should always recoil on the pronouncer.

In consequence of the reward offered from the head of the fishermen’s tribe, the god came in the guise of a fisherman, caught the shark and brought to land. The head of the tribe publicly, before the people assembled, gave his daughter to the fisherman in marriage. The god now re-assumed his form and received the homage of the head man.

Afterwards the god and goddess, mounted on the bullock Nandi,

(restored to its own shape), were graciously pleased to return and dwell at Madura.

  1. The 57th Thiruvilaiyadal Puranam has been regularly conducted every

year in the month of Thai and the Valai Veesi Theppakulam disappeared, as the same was filled with mud and soil that has got to be restored to its original position. According to the petitioner, there was a civil suit pending in which contesting respondents obtained a favourable order, but, however, in the said suit, the Temple was not a party.

  1. Veera Kathiravan, learned Additional Advocate General, assisted

by Mr.P.Thilakkumar, learned Government Pleader for the respondents 1 to 8, would submit that as per the A-Register, the subject land is classified as Valai Veesi Theppakulam and he has also produced a copy of the layout, which was taken out from the records prior to the British era. He has also produced photographs to show that some of the monuments and idols have been installed in the Theppakulam and debris have been filled up.  He would further submit that enquiry has been initiated and after hearing the parties concerned, a decision will be taken.

  1. This Writ Petition has been filed by way of Public Interest litigation and

it is open to the authority concerned to dig the subject land and ascertain as to whether there was any Theppakulam or not, as claimed by the petitioner.  If the subject land is found to be a water body, it should be restored to its original position. It is made clear that pendency of this writ petition is not a bar for the enquiry to go on.

  1. The District Collector, Madurai District and the Commissioner, Hindu

Religious and Charitable Endowments Board, shall file a status report before this Court on the next hearing date.

  1. We also make it clear that the Judgment and decree passed by the Civil

Court will not bind the parties, who are not the parties to the civil suit.

  1. The respondents shall file a counter affidavit by 25.07.2023.

Post 25.07.2023.

sd/                                     04/07/2023

/ TRUE COPY /

19/07/2023

Sub-Assistant Registrar (C.S.)                                  Madurai Bench of Madras High Court,                                             Madurai – 625 023.

KRK

TO

  • THE COMMISSIONER

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, NO. 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI 014.

  • THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.
  • THE SUPERINTENDING ARCHAEOLOGIST,

ARCHAEOLOGICAL SURVEY OF INDIA,

CHENNAI CIRCLE, FORT ST. GEORGE, CHENNAI

  • THE COMMISSIONER

DEPARTMENT OF ARCHAEOLOGY,

TAMIL VALARCHI VALAAGAM, TAMIZH SALAI, EGMORE, CHENNAI.

  • THE JOINT COMMISSIONER

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, TNHB COLONY, ELLIS NAGAR, MADURAI, MADURAI DISTRICT.

  • THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI.
  • THE THASILDHAR

MADURAI WEST TALUK, MADURAI.

  • THE JOINT COMMISSIONER / EXECUTIVE OFFICER,

ARULMIGU MEENAKSHI

SUNDARESHWARAR TEMPLE, MADURAI, MADURAI DISTRICT.

+1. C.C. to N.VIGNESH  Advocate  SR.No.10207

ORDER IN

WP(MD) No.16110 of 2023

Date  :04/07/2023

SA/BUC/SAR.  /19.07.2023/9P/10C  Madras High Court is issuing certified  copies in this format from 17/07/2023

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