Kumbakonam temple order THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.32589 of 2017 and W.M.P.No.35915 of 2017 People for Dharma Trust
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.32589 of 2017
and
W.M.P.No.35915 of 2017
People for Dharma Trust
through its Authorized Signatory
G.Aravindalochanan
1G, Abiraami Apartments,
South Sector 1st Street,
Adambakkam,
Chennai – 600 088. … Petitioner
Vs.
1.The Commissioner,
Hindu Religious & Charitable Endowment Department,
119, Mahatma Gandhi Road,
Nungambakkam, Chennai-600 034.
2.The State of Tamil Nadu,
rep.by its Secretary,
Religious Endowments, Tamil Development and
Information Department,
Chennai – 600 005. … Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to fill the holes in the prakaram outside Lord Sarangapani Sannadhi at Arulmigu Sarangapani Temple at Kumbakonam, remove the white cements applied to the horses, elephants and other stone structures, sculptures, icons etc and rectify them by applying appropriate pastes as per Silpa Sastra, repair as per the Silpa Sastra the damaged parts of horses, elephants and other stone structures, sculptures, icons, chariot wheels etc. depicted on all sides of the elegant and beautiful chariot structure on which the Lord Sarangapani Sannadhi rests so that all structures, sculptures, icons exactly reflect the unique culture and heritage of the Lord Sarangapani Temple at Kumbakonam all after obtaining prior approval by following the due process et out in the first respondent’s Order No.Na.Ka.No.57789/2015/Y2 dated 14.02.2017 based on this Court’s orders dated 04.11.2016 and 07.11.2016 in WP.No.574 of 2015.
For Petitioner : Mr.S.Sridharan
For R1 : Mr.M.Karthikeyan, SGP (HR&CE)
For R2 : Mr.J.Ramesh, AGP
ORDER
R.MAHADEVAN, J.
As per the administrative order of the Hon’ble Chief Justice dated 30.11.2018, this writ petition was posted along with a batch relating to the protection, maintenance and sustenance of the ancient temples, idols, temple lands, murals and other places/ articles, which all are of archaeological and historical importance, under the caption ‘specially ordered cases’. For the sake of convenience, separate orders are being passed in these writ petitions.
2.The prayer made in this writ petition is to issue a mandamus to the first respondent to fill up the holes in the prakaram of outside Lord Sarangapani sannadhi at Arulmigu Sarangapani Temple at Kumbakonam, remove the white cements applied to the horses, elephants and other stone structures, etc., and apply appropriate pastes as per silpa sastra and repair the damaged parts of the structures, sculptures, icons etc., after following due process of law, pursuant to the orders of this Court dated 04.11.2016 and 07.11.2016 in suo motu WP.No.574 of 2015.
3.According to the petitioner, the subject temple viz., Arulmigu Sarangapani Temple, Kumbakonam, is one among the 108 divya desams of Lord Vishnu and is situated on the River Kaveri. It has the tallest tower in the town. The rajagopuram depicting various religious stories, has elevan tiers and has a height of 173 ft, besides five other smaller gopurams in the temple. The temple is very famous for its elegant and beautiful chariot structure, on which the Lord Sarangapani sannadhi rests. On all sides of the chariot, there are horses, elephants and other stone structures, sculptures, icons, etc. The saint Nathamuni, who complied “Naalayira divya prabandham” songs sung by the twelve alwars, found the first ten verses sung on Aravamudhan, the presiding deity of the Sarangapani temple.
4.The petitioner further averred that renovation was done and kumbhabisekam was performed only in 2015. However, he was shocked to note the small holes digged on the Prakaram of the temple. To reach the Thayar (Amman) Sannadhi and Lord Sarangapani Sannadhi, one has to necessarily walk on the floor full of holes. The holes are sufficiently large enough to twist the toes of the devotees and the children are prone to fall down and sustain injuries, if the holes exist as it is. There are also cracks found on the stone structures and sculptures, besides icons on all the sides of the Chariot. Without application of mind, white cements were applied to rectify all the cracks, which show that the first respondent has not followed the traditional methods while undertaking the renovation work. Thus, according to the petitioner, the first respondent has to rectify those defects / violations, in order to maintain the heritage, beauty and splendor of the temple.
5.The petitioner also submitted that this Court by order dated 04.11.2016 in WP.No.574 of 2015, referred petitions filed by the individual temples relating to essential works, to a Committee consisting of the following specializations:
(1)Structural Engineering Expert
(2)Archaeological Expert
(3)Conservation Expert
(4)Traditional Stapathy
(5)Two Agama Experts
It was further ordered that the Departmental Representative will act as the Secretary of the Committee for facilitating its working and for furnishing records and that the Committee will look into the issue of repairs and renovations to be carried out in terms of what the Court observed in its order dated 25.10.2016. It was also ordered that the Committee would have to give priority depending on the urgency, as some religious ceremonies have to be performed for which there are designated days. Accordingly, by order dated 07.11.2016, this Court constituted the Expert Committee to carry out the essential works in the temples. Based on the said orders, the respondent authorities have to rectify all the defects / violations in respect of the subject temples, after getting necessary approval, according to the petitioner.
6.Upon notice, the respondents filed a detailed counter affidavit, wherein, it is stated that as far as the holes on the Prakaram of the temple are concerned, the same have been put up only to erect temporary barricades to regulate the worshiping public to have worship of the God through forming a queue at the time of festivals. Normally, the holes are closed with PVC top and there will not be any inconvenience caused to the public at any point of time, but without knowing the same, this writ petition has been filed by the petitioner alleging that the holes will twist the toes and cause serious injuries to the devotees. With regard to renovation works, it is stated that except the renovation works for (a)Rajagopuram – Kalkaram in Perumal – Thayar Sannadhi, (b)Water jet wash and painting of all the cut stones, surface of all the mandapams and sannidhis and (c)Repairs and renovations of the inner parapet wall of the temple, no repair or renovation works were carried out on the icons, sculptures and other stone structures in the temple. After performance of Mahakumbabishekam on 13.07.2015, no repair works have been undertaken in the temple. With respect to the order passed by this Court in W.P.No.574 of 2015 and the orders of the Government, all the renovation works, repairs and Thiruppani works will be placed by the concerned temple authorities before the appropriate Committee of experts and only after obtaining clearance from the Committee experts, further works will be carried. Therefore, according to the respondents, the writ petition deserves no merit and is liable to be dismissed.
7.Heard the learned counsel appearing for both sides and perused the materials placed before this court.
8.As regards the subject matter in issue pertaining to the temple in Arulmigu Sarangapani Temple, Kumbakonam, this Court in suo motu WP.No.574 of 2015 by order dated 07.06.2021, has extensively dealt with various aspects relating to the temples and its properties, monuments, etc. and given as many as 75 directions to the respondent authorities, including formation of heritage commission, conservation manual, etc. For better appreciation, the relevant paragraphs and directions of the said order are reproduced hereunder:
“52.As envisaged by the reports filed earlier before this Court and the articles in the newspaper, the heritage sites and the places of archaeological importance have to be properly maintained. That apart, the state is to constitute the “Heritage Commission” and “Mamallapuram World Heritage Area Management Authority” and to have a mechanism including a manual for the process of conservation, preservation and maintenance of heritage sites and monuments, the mode of collection and preservation of data, number and nature of members of Commission/Authority/Committee, their qualification and term of office, specific powers, duties and procedures to be followed, etc., which impelled this Court to pass orders, in the light of the materials available on record and the discussion extensively made in the above paragraphs, to the effect that all places of historical importance, whether religious or not have to be taken stock, recovered, maintained and celebrated. To fulfil the above, different wings of the central and state Governments have to act in tandem to protect the ancient monuments of this land, which is one of the treasures that have for long been left in lurch. It is also necessary that representatives from various departments with experts have to be brought together to ensure that not only the monuments are preserved, but also to ensure that appropriate repair works by qualified professionals are carried out to increase the longevity of the places of archaeological or historical importance, temples and monuments.
54.Lastly, a reference may be made to the decision of the Supreme Court in Mrinalini Padhi v. Union of India [(2018) 7 SCC 785], wherein, it was categorically held that ‘the pilgrimage centres are of religious, social, historical and architectural importance, representing cultural heritage of our country and hence, not only Government, whether state or centre, but also the courts may examine such matter treating it as PIL on the judicial side and issue appropriate direction considering the factual situation of the case’. For brevity, the relevant passage of the said decision is reproduced below:-
“7. There is no doubt that proper management of pilgrimage centres of great importance is a matter of public interest. These centres are of undoubted religious, social, historical and architectural importance, representing cultural heritage of our country. Millions of people visit these centres not only for tourism but also for seeking inspiration for the righteous values and for their well-being. They also make huge offerings and donations for advancement of such values.”
“20.The issue of difficulties faced by the visitors, exploitative practices, deficiencies in the management, maintenance of hygiene, proper utilization of offerings and protection of assets may require consideration with regard to all Shrines throughout the India, irrespective of religion practiced in such shrines. It cannot be disputed that this aspect is covered by List III Item 28 of the Seventh Schedule to the Constitution of India and there is need to look into this aspect by the Central Government, apart from State Governments.”
“30.9 Difficulties faced by the visitors, deficiencies in management, maintenance of hygiene, appropriate utilization of offerings and protections of assets with regard to shrines, irrespective of religion is a matter for consideration not only for the State Government, Central Government but also for Courts. Every District Judge throughout India may examine such matters himself or through any court under his jurisdiction and send a report to the concerned High Court so that such report can be treated as PIL on the judicial side and such direction may be issued as may be considered necessary having regard to individual fact situation.”
55.In the ultimate analysis, this Court is of the firm view that the cultural and heritage value as well as the Archaeological importance of the historical monuments, sites and temples and its properties, have to be conserved, preserved and maintained. As already stated above, this Court has time and again directed the HR&CE Department to take a list of all the temples, maintain the same, retrieval of the temple lands and properties from the encroachers, extent of lands owned by them, occupiers of the same and the arrears of rent/ lease amount to be recovered, make inventory of all idols, jewellery and valuables, create strong rooms and computerise and exhibit the same in the website and appoint qualified stapathis from the Government college at Mamallapuram for each District and also other staff and if necessary, get approval for creation of certain posts, like Oduvars, temple artistes, archakas etc. however, the department has not fully complied with the same in true spirit. Further, during the pendency of this suo motu writ petition, despite the order of this Court, the temple structures have been demolished and works have been carried on under the guise of renovation, thereby taking away the originality of the structure. It is also reported to us that the encroachment in Mamallapuram has not been removed. Though there are provisions under the Ancient Monuments and the Archaeological Sites and Remains Act and in the HR & CE Act to take action against the errant officials, the authorities concerned have not endeavoured to do so. Such allegations and complaints would vanish and the demand would subside, if the state and HR&CE Department are diligent, conscious and sensitive to protect the heritage of this land. Thus, having regard to the reports of the UNESCO team and the amicus curiae and also considering the role of this Court in acting as the capacity of parens patriae to protect the historical monuments including temples, idols, antiques, manuscripts, murals, etc., which is the root cause for initiation of this public interest litigation, the following directions are hereby issued to the respondent authorities for strict compliance:
COMMISSION ON HERITAGE
(1) The respondents shall establish Mamallapuram World Heritage Area Management Authority to manage and safeguard all the monuments and the same shall be notified within a period of eight (8) weeks from today.
(2) The respondents shall constitute the Heritage Commission consisting of 17 members within a period of eight (8) weeks from today, which shall act as an advisory body to the Mamallapuram World Heritage Area Management Authority and the Government as well.
(3) The Heritage Commission shall consist of 17 members including the representatives from Archaeological Survey of India, representatives from the State Archaeological Department, one renowned historian or anthropologist, two representatives of PWD department i.e., one from Building Structural and Conservation Wing and another from Architectural Wing, one representative from the HR&CE Department not below the rank of Joint Commissioner, one Stapathi qualified from the Government College of Architecture and Sculpture, Mamallapuram or any other college in the state with similar objectives, two experts in Agamas and Shilpa Shastras and one chemical analyst. The inclusion of a representative from the UNESCO shall also be taken into consideration. sha
(4) The Heritage Commission shall identify all the structures, monuments, temples, antiques with historical/archaeological importance within the State of Tamil Nadu, formulate a list with age of such monuments by categorising them within their period group, issue appropriate notification, render periodical advices to the State, supervise the restoration, repair works etc. and maintain the same.
(5) No structural alteration or repair of any monument / temple / idol / sculpture / murals of which are notified either under the Central Act or the State Act, shall take place without the sanction of the Heritage Commission.
EXPERT COMMITTEE
(6) The State shall reconstitute the State Level Expert Committee, consisting of a Structural Expert, Archaeological Expert, Conservation Expert, a qualified Traditional Stapathi preferably from the Government College of Architecture and Sculpture, Mamallapuram, an Expert from history, epigraphy, iconography and Fine arts and Two Agama Experts, besides a representative from HR&CE and PWD Departments. The State Level Expert Committee shall be responsible for carrying out and according sanctions for the repairs/renovations of the temples and archaeological sites, on the recommendation of the District Level Committees.
(7) The State shall constitute District Level Committees, which will consist of historical expert, qualified stapathis, Architectural Expert, Mural Expert, conservative expert, a representative from HR&CE Department, within a period of eight weeks.
(8) The Committee shall visit all the temples in their respective District, identify the temples and sculptures which are required to be brought under the State Act and which require immediate attention for repairing and prepare a report that is to be forwarded to the Government for appropriate action under the supervision of the Heritage Commission or the State Level Expert Committee as the case may be.
(9) The Committee shall meet at least once in every month and conduct periodical inspection of the monuments and temples in line with the objects of the HR&CE Act, Ancient Monuments and Archaeological Sites and Remains Act (Central as well as State Acts) and the Rules framed there under.
MANUAL
(10) The Government shall finalise the conservation manual containing the regulations for the functions of the Heritage Commission as well the Mamallapuram World Heritage Area Management Authority and the procedures for conservation, preservation and renovation of heritage and non-heritage temples, monuments and historical sites with the assistance of the officials attached to the State and Central ASI Departments and HR & CE Department, within a period of twelve (12) weeks.
…
REPAIRS, ALTERATION, RENOVATION WORKS ETC.
(19) No structural alteration or repair of any monument, temple or idol or sculpture or murals or paintings which come within the purview and control of the HR&CE Department, shall take place without the sanction of the State Level or District Level Committee and all pending works shall forthwith be proceeded further, only after obtaining sanction from the said Committee.
(20) The District Level Committees must identify the temples in which repair/renovation works have been carried out, wherein cement and white washing has been done detrimental to the original structure, inform the same to the State Level committee or the Commission as the case may be, so as to enable the appropriate authority to redo the work by restoring the originality. Every restoration without altering the form or material must be done after a detailed report in writing supported by adequate photograph and measured by drawing records.
(21) The Renovation and Conservation Wing for the HR&CE department constituted by the Government, by G.O.(Ms).No.108, TC&RE Department, dated 09.08.2019, should ensure that the members of the committee are trained with scientific / technical knowledge to undertake the works of conservation and should act strictly for the purpose to which it was constituted.
(22) The HR&CE department shall adopt the scientific technology in the process of documentation, preservation and conservation of heritage temples and its properties and valuables.
(23) To maintain the quality of ornamental works, the usage of sand blasting for cleaning the buildings, must be avoided and the shortfalls in the repair works done in the temples in violation of Agama and Shilpa shastras as pointed out in the report of the UNESCO team, must be attended to and the original position must be attempted to be restored.
…”
9.In the aforesaid order, this Court has answered all the queries raised by the petitioner herein. Hence, the respondent authorities are directed to look into the lapses / violations pointed out by the petitioner in the subject temple, in accordance with the aforesaid order passed in the suo motu writ petition.
10.Accordingly, this writ petition stands disposed of, with a direction to the respondent authorities to rectify the defects relating to the subject temple, in the light of the order dated 07.06.2021 passed in suo motu WP.No.574 of 2015, as expeditiously as possible. Consequently, connected miscellaneous petition is closed. No costs.
(R.M.D., J.) (P.D.A., J.)
24.08.2021
Index : Yes / No
rk
R.MAHADEVAN, J.
and
P.D.AUDIKESAVALU, J.
rk
To
1.The Commissioner,
Hindu Religious & Charitable Endowment Department,
119, Mahatma Gandhi Road,
Nungambakkam, Chennai-600 034.
2.The State of Tamil Nadu,
rep.by its Secretary,
Religious Endowments, Tamil Development and
Information Department,
Chennai – 600 005.
W.P.No.32589 of 2017
and
W.M.P.No.35915 of 2017
24.08.2021
