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Palani case /ACTING CHIEF JUSTICE, and DR.VIJAYAKUMAR, J. Order made by Dkj Acj

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Cont.P(MD)No.1671 of 2018
and W.P(MD) No.2491 of 2019

THE HON’BLE ACTING CHIEF JUSTICE,
AND
R.VIJAYAKUMAR, J.

(Order of the Court was made by D.Krishnakumar, ACJ.)

In compliance of the direction passed by this Court dated 16.07.2024, the 4th respondent / District Collector, Dindigul has filed a compliance report dated 29.07.2024 containing the various resolutions passed by the Municipality, Palani.

  1. The Municipality, Palani has neither taken any concrete step nor filed any positive report for removal of encroachments as per the directions passed by the Division Bench of this Court dated 26.03.2018 in W.P.(MD)No.23598 of 2017. As far as the unauthorized constructions are concerned, the District Collector has already filed a report on the earlier occasion and there is no answer from the Commissioner of Palani Munipality as to whether the said unauthorised constructions / buildings have been regularized or any further action been taken. Though this Court has passed orders as early as in the month of January, 2024, i.e., on 09.01.2024, in the presence of the Commissioner of Palani Municipality, for putting up iron bollards on the roads leading to Giriveethi at the instance of the Devasthanam Board, the Municipality Palani has not objected for the same. The Devasthanam Board has taken every endeavour to strictly comply with the directions passed by this Court in letter and spirit for the past six months by regulating the entry of vehicles into the Giriveethi by putting up iron bollards.
  2. Mr.P.Wilson, learned Senior Counsel for the Palani Municipality contended that the right of the Municipality has been taken over by the Devasthanam Board by wrong interpretation of the order of the Division Bench of this Court and without having discussion with the Municipality, the Devasthanam Board has effected restriction of vehicles by installation of iron bollards throughout the Giriveedhi, thereby causing hindrance to the local residents and also contended that the aforesaid restriction is inappropriate at this stage.
  3. Mr.R.Bharanidaran, learned counsel appearing for the Devasthanam Board, Palani submitted that unless iron bollards are installed, it would be impossible for the Devasthanam Board to regulate the entry of vehicles. The learned counsel for the Devasthanam Board submitted that lakhs of devotees visit palani during Panguni Uthiram, Thai Poosam festivals etc., and it would be very difficult for the Devasthanam Board to control huge number of crowd when the vehicles are permitted inside the Giriveethi and further submitted that right has been given by way of access and only regulation of entry of vehicles into the Giriveedhi has been done and there is no hindrance or inconvenience caused to the public. The learned counsel for the Devasthanam Board also submitted that in pursuant to the directions passed by this Court in various writ petitions, permission was granted for entry of vehicles belonging to Ashram, Mutt, agriculturists and persons running hotel business for carrying their articles, but without parking their vehicles in the Giriveedhi and specific time has been given for the others who are running their business in the Giriveedhi based on the request of the individuals.
  4. The learned counsel for the Devasthanam Board has also relied upon G.O.Ms.No.1258, Local Administration Department dated 28th June, 1948, in and by which “Giriveedhi” has been transferred to the Palani Dhandayuthapani Devasthanam for maintaining the Giriveedhi in good condition at the cost of the temple funds, which includes regulating the Giriveedhi and they are not preventing the access of vehicles into the Giriveedhi and only regulation of entry of vehicles has been done, depending upon the nature of the business carried on by the individuals and therefore, denied the contention of the learned Senior Counsel for the Palani Municipality. The learned counsel for the Devasthanam Board further pointed out that several individuals have approached the Revenue Divisional Officer, Palani for their grievance, which has been forwarded to the Monitoring Committee.
  5. This Court is inclined to point out that in Madurai Meenakshi Amman Temple, where the roads surrounding the temple belong to Madurai Municipal Corporation, the entry of private vehicles surrounding the precints of the temple is being restricted and in the light of the above submission made by the learned counsel for the Devasthanam Board, the contention of the learned Senior Counsel for the Municipality Palani, cannot be accepted. This Court has already clarified in the earlier orders that the aggrieved persons/individuals can approach the Monitoring Committee to ventilate their grievances. It is pertinent to note that several persons/local residents have already approached the Monitory Committee for ventilating their grievances with regard to right of access of vehicles and it is for the Monitoring Committee to conduct inspection and file a report before this Court giving suggestions, if any, based on the individual request made by the concerned persons/individuals.
  6. In view of the above, learned Senior Counsel for the Palani Municipality agreed that the individual concerned will approach the Monitoring Committee for ventilating their grievances, as per the earlier directions of this Court. The learned Senior Counsel for the Palani Municipality also undertakes before this Court that no resolution has been passed by the Palani Municipality as against the order passed by the Division Bench of this Court in the writ petition or by this Court in the contempt petition and also assured that the orders passed by this Court will be strictly complied with by the Palani Municipality. This Court also grants four weeks time to the Palani Municipality to ascertain as to the decision taken by the Commissioner of Palani Municipality for providing alternative accomodation in the municipal lands and regularization of unauthorized constructions in the aforesaid lands and file a detailed report before this Court. The learned Standing Counsel for the Devasthanam Board also undertakes that if necessary, the Devasthanam Board would consult the Municipality Palani for better maintenance and improvement of the Giriveedhi.
    List the matter on 27.08.2024 for filing of report by the Municipality, Palani.

[D.K.K., ACJ.,] [R.V., J.]
30.07.2024
Jvm

THE HON’BLE ACTING CHIEF JUSTICE,
AND
R.VIJAYAKUMAR, J.
Jvm

Cont.P(MD)No.1671 of 2018
and W.P(MD) No.2491 of 2019

30.07.2024

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