Madras High Court
M.Ayyappan vs The Government Of Tamil Nadu on 18 December, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.(MD)No.17759 of 2017
and
W.M.P.(MD)No.14306 of 2017
M.Ayyappan ... Petitioner
-vs-
1.The Government of Tamil Nadu,
Rep. by its Chief Secretary,
Fort St.George,
Chennai-600 009.
2.The Principal Secretary,
Hindu Religious and Charitable Endowment Department,
Fort St.George,
Chennai-600 009.
3.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Nungambakkam High Road,
Chennai-600 034.
4.The District Collector,
Kanyakumari District,
Nagercoil.
5.The Joint Commissioner,
Kanyakumari District Thirukkovilgal,
Suchindram, Kanyakumari District.
6.The Joint Commissioner and Executive Officer,
Arulmigu Aathikesava Perumal Thirukovil,
Thiruvattaru, Kalkulam Taluk,
Kanyakumari District. ... Respondents
http://www.judis.nic.in
2
Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, directing the respondents to appoint
an Expert Committee, who are well-versed in Ahama Vithi for the
restoration of Arulmigu Adikesava Perumal Temple, Thiruvattaru, Kalkulam
Taluk, Kanyakumari District to its originality and celebrate its consecration
(Kumbabishekam) by following the Ahama Vithi based on the petitioner's
representation dated 07.08.2017 within the period stipulated by this
Hon'ble Court.
For Petitioner : Mr.Ananth C.Rajesh
For respondents : Mr.J.Gunaseelan Muthiah
Govt. Advocate for R1 to R4
Mr.K.Sathiya Singh for R5 & R6
Advocate Commissioners : Mr.R.J.Karthik
Mr.M.Kannan
ORDER
This writ petition has been filed, seeking a direction to the respondents to appoint an Expert Committee, for restoration of the Arulmigu Adikesava Perumal Temple, Thiruvattaru, Kalkulam Taluk, Kanyakumari District to its originality and celebrate its consecration (Kumbabishekam), based on the petitioner's representation dated 07.08.2017.
2.In the affidavit filed in support of this writ petition, historical background of the Adikesava Perumal temple has been furnished. The relevant information of the same are portrayed thus:
(a)Arulmigu Adikesava Perumal Temple, Thiruvattaru, Kalkulam Taluk, http://www.judis.nic.in Kanyakumari District, is one of the 108 Divyadesams of 3 Vaishnavites and the said temple is surrounded by rivers on three sides, viz. Kothai, Parali and Thamirabarani. Since the temple of Adikesava Perumal was consecrated, the said place is called as Thiruvattaru, as a river by name Vattaru takes a turn in the place. The idol of Lord Adikeshava Perumal is 22 feet in Bhujanga Sayanam (sleeping in the opposite direction, ie., head in the South and feet in the North) and the idol has been made with a mixture of materials called Kadu Sarkarai Yogam with 16,008 Salagrama stones. In the Temple, the idols of Adikesava and Sree Padmanabha are installed in such a way that they face each other and the Lord has to be seen through three doors.
(b)The Temple is famous for its beautiful sculptures and a Single Stone hall, which is made of a single stone with three feet thickness is a marvel. There is also a shrine for Lord Lakshmi Narasimhaswamy near the river and opposite to the Adikesava Perumal Temple.
(c)The geographical area of Kanyakumari District comes under the landscape of Hilly (Kurinchi) region and the District was created through the State Reorganization Act, 1956 and merged with Madras State on 01.11.1956, after bifurcating it from Travancore-Cochin. At the time of such merger, the Temples situated in Kanyakumari District were also handed over to the Madras State along with its properties comprising about 600 acres of wet lands, dry lands and gardens. In addition, the gold http://www.judis.nic.in 4 ornaments belonging to the deities of the transferred temples valuing several crores of rupees, were also given to the Madras State.
(d)The Government of Tamil Nadu also framed a special provision in the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 under Section 47(1)(b) for effective administration, as per which, a Board of Trustees was constituted and though the Board performed well till 1969, subsequently, due to political intervention, the administration of the Board was polluted and the temple properties were encroached and the HR&CE officials failed to take any action. As on the date of transfer of territory, there were 490 temples, out of which only five temples are maintained by the 6th respondent herein. On account of the appointment of unqualified persons as Trustees, who have no knowledge about the Temple, no poojas and other religious activities are performed in the 490 Temples.
(e)The petitioner, being aggrieved by the act of the officials, who have spoiled the 4000 year old historical temple and are unable to complete even a single Gopuram, except spoiling all the Gopurams and the deities, made several complaints to the higher officials and none of the complaints were looked into by them. As a last measure, he sent a detailed representation to all the respondents on 07.08.2017, which even did not evoke any response. Hence, the petitioner has filed this writ petition seeking appointment of an Expert Committee for restoration of http://www.judis.nic.in 5 Thiruvattaru Temple and prior to formation of such Committee, as an interim measure, the petitioner also sought for appointment of Advocate Commissioners for inspecting the Temple so as to ascertain the real position and file their report to know the exact situation.
3.To controvert the above averments of the petitioner, the Joint Commissioner, Kanyakumari District Thirukkovilgal, Suchindram / 5th respondent herein has filed a counter affidavit, in which it is stated as under:
(a)Arulmighu Adhikesava Perumal Temple is one of the major temples in Kanyakumari District and ritual ceremonies and daily poojas are duly performed. The petitioner already filed a writ petition in W.P.(MD)No. 2142 of 2016, seeking the relief of appointment of senior, sincere and honest IAS Officer for administration of the 490 Hindu Temples and recovery of properties.
(b)Though the petitioner has stated that the present petition has been filed for a common cause, he himself described in the affidavit that he is functioning as Joint Secretary of a Trust, which is an unauthorized Trust and the activities of the office bearers of the Trust are also illegal.
Based on the appeal made by an unauthorized committee, namely, Sri Adikesava Perumal Temple Renovation Co-ordination Committee, a http://www.judis.nic.in 6 proposal was sent to the Government and the Government also issued an order dated 08.11.2005 appointing a Committee for conducting Thirupani in the Temple at Thiruvattaru. On the basis of the experts' opinion, the roof over the sanctum was restored by changing the damaged rafters and planks and also it has been covered with new copper sheets.
(c)The entire 490 temples are divided into 5 divisions or 5 Devaswom Groups and either the 5th respondent or the 6th respondent has no right to appoint or constitute any Committee or member to the Trust Board or any other Committee in the temple. Though one Sreethar was appointed as a member of the Thirupani Committee as per the Government Order dated 08.11.2005, subsequently, he was selected as Chairman for the said Committee; that later on, he discharged his duties and was appointed as a member of the Trust Board and acted as Chairman of the Trust Board. It is stated that no such Trust Board is in existence from 2011.
(d)The Temple in Kanyakumari District is having about 93.75 acres of land, viz., Anaiyadi Estate at Thiruvattaru and the same is now developed as Rubber Plantation and the officials are taking effective steps for removing the encroachers around the Temple. Since the deity is made up of Kadu Sarkarai, it shall not be wet by milk, curd or any kind of Abisheka and the deity is being decorated only by cloth and flowers without water content. Except the priest, no one has right to enter into the http://www.judis.nic.in 7 sanctum sanctorum of the Temple for the purpose of cleaning and before starting the cleaning process in the icon of Arulmighu Adhikesava Perumal, the sanctum sanctorum was shifted to Nithyarchana bimba or Nithyarchana Murthi available in the temple. From the date of its shifting on 08.11.2015, no daily pooja or any other pooja is performed to the Arulmighu Adhikesava Perumal and no one has entered into the sanctum of the Temple.
(e)It is submitted in the counter that layering over the deity would be done only on the auspicious dates in Uthrayana and completion of such layering depends upon the climatic conditions and the auspicious days available. While layering the deity and also after completion of the process of layering, no kind of chemicals or any components with water could be used to clean the wall or any wooden articles nearby the icons/deity. Since Ammonia compound is being used for cleaning the wooden ceiling and wooden sculptures in Ottarai Kal Mandapam, the restoration work is stopped for the time being.
(f)The renovation work of Kulasekara Perumal Sannathi, other works and maintenance of Arulmighu Adhikesava Perumal Thirukovil was allotted to a Contractor after getting due opinion from the Experts Committee constituted by the Government of Tamil Nadu. It is not true that the HR&CE Officials and other workers have spoiled a portion of the Temple http://www.judis.nic.in 8 and that the activities of HR&CE Officials in performing the work are commercial in nature. The officials have not violated the Agama Rules and have been carrying out the works as per the guidance of experts, inclusive of department Sthapathies.
4.In reply, the learned counsel for the petitioner has submitted that on account of the improper administration of Arulmigu Adikesava Perumal Temple as well as non performance of anointment, the fame of the temple gets deteroitated everyday among the public. There were several protests by the devotees for cutting down the age old trees belonging to the Temple, by some unknown persons, which was also widely published in newspapers. He further submitted that in addition to the above, some valuable treasures are being looted from the temple and therefore, unless or until a proper management is set up and experts appointed, the archaic Temple having several history in it cannot be preserved forever.
5.Reiterating the contentions made in the counter affidavit, the learned Government Advocate appearing for respondents 1 to 4 and also the learned counsel appearing for the fifth and sixth respondents have contended that the petitioner has no locus standi to file this writ petition, as he is one of the office bearers of an unauthorized Trust. It was further contended that the officials have been striving hard in carrying out the repairs and renovation of the Temple as per the guidance extended by the http://www.judis.nic.in 9 experts of Sthapathies and HR&CE Department and therefore, this writ petition, being filed in a vexatious manner, deserves to be dismissed in limine.
6.Heard the learned counsel on either side and perused the materials available on record carefully and meticulously.
7.Of late, several idols and statues are being stealthily / illegally sent to foreign countries, as those countries are interested in buying it for ransom to portray to others; that the statues / idols have very ancient culture. In our country, especially in Tamil Nadu, though several temples with antique background are found, nobody is prepared or interested to preserve it. One such Temple is Sri Adikesava Perumal Temple, situated at Thiruvattaru, which is in Kalkulam Taluk, Kanyakumari District. The town is a hilly region, around which, the river Parali runs. The temple's name originated from ‘Vattar’, meaning curved river, as it flows encircling the temple and later the prefix ‘Thiru’ was inserted, because it is a holy place. This temple, which is surrounded by Parali, Kothai and Thamirabarani rivers, has got many names. Aathithamana Vibanam, Aathithama Thalam, Aathi Ananthapuram, Thatchana Vaikundam, South Tamil Nadu Srirangam are the other names of this temple, which are known from Sthalamahadmiya history and as per the words used by the people at that time. Aathi Ananthapuram is the name which is known for its famousness. http://www.judis.nic.in 10 The said name would have been framed in relation to the meaning as to the place where the Lord slept.
8.According to the petitioner, the temple stands as an ancient monument that creates a sense of devotion among the devotees and the Temple is built with granite stones and provided with a copper sheeted roof. It is further stated that it is a centre of cultural contact between Kerala and Tamil Nadu and the people belonging to different castes and religions live in the locality.
9.The history of the temple has been written by Professor A.K.Perumal as a research book titled 'Adikesava Perumal Temple' which depicts the various paintings enshrined in the temple. The research of the temple has been done along with the background of the temple's history right from the ancient King one Ezhini, till Madurai Pandian and Chola Kings. Professor A.K.Perumal has written his book in Tamil which comprises of literature, history, songs, stories of the temple along with deity, poojas performed, functions, administration of the temple, sculptures, etc. The temple is an ancient one and has high traditions with inscriptions, copper plates, sculptures containing temple history, being sung by Azhwargal and Nayanmargal with utmost belief and Thiruvattaru, the place where the temple is situated, is famous for its tradition and importance.
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10.According to the author, there are about 50 inscriptions inside the temple in the outer prakarams in Tamil including those relating to Kulothunga Chozha I and his contribution to this temple. In addition to the inscriptions, there are number of stunning sculptures on the pillars similar to the ones in Krishnapuram and Sri Vaikuntam. Another remarkable feature is the mandapam outside the sanctum measuring 18 ft. width and 3 ft. height which has been built on a single stone in the 12th Century AD.
11.The background of the novel 'Vishnupuram' written by the writer Jayamohan is related to Adikesava Perumal Temple, Thiruvattaru.
12.It is also relevant to be noted that in Purananooru, which is one of the oldest literatures in Tamil dating back to 2000 years and comprising of 400 songs wherein the Poet Mangudi Maruthanar, made a reference to Thiruvattaru temple. Hence, it is reiterated that the temple belongs to that period or even earlier than that, having ancient culture.
13.As far as architecture of the Temple is concerned, it has been built in a Dravidian style with wooden pillars, doors and roofs and the Lord is lying on his snake couch and the temple has been built in such a way that it has to be viewed through three doors. The temple is also renowned for its murals. Going by extant legends, the temple is closely associated http://www.judis.nic.in 12 with the famous Sree Anantha Padmanabhaswamy Temple, Thiruvananthapuram. Prof.A.K.Perumal, in his book referred supra, compared Thiruvattaru Sri Adikesava Perumal Temple with that of Sree Anantha Padmanabhaswamy Temple, Thiruvananthapuram and the Temple at Srirangam. Thiruvananthapuram Sri Anantha Padmanabhaswamy deity lies in the direction so as to see the Thiruvattaru Adi Kesava deity. The main deity was originally covered with gold kavachams in which diamonds and other precious stones were embedded which the Kerala kings had presented to the temple. There is also a small shrine for Lord Lakshmi Narasimhaswamy near the river and opposite to the Adikesavaperumal Temple. Similarly, Srirangam is bounded by the Kaveri River (also known as Cauvery river) on one side, and the Kaveri Distributory Kollidam (Coleroon) on the other side. The temple complex is enormous and spans 156 acres (0.63 km2), which has seven prakaras / enclosures and these enclosures are formed by thick and huge rampart walls, which run around the sanctum. There are 21 magnificent towers in all prakaras, providing a unique sight to any visitor.
14.Normally, the importance of the temple rests on 10 aspects. It would relate to ancientness, tradition, documents written in a palm leaf, copper plates, inscriptions, relationship between the temple and the place in which it is situated, reference of the temple in the epics, temple history, presence of more number of sculptures, performance of urchava poojas, http://www.judis.nic.in 13 songs sung by the singers in respect of the temple and the belief of the Government and the Public upon the temple. All these aspects are very much available and suited for Adikesava Perumal Temple.
15.The main significance of the Adikesava Perumal Temple is its huge appearance. A person who sees the temple from the basement of the western entrance or eastern entrance, will get astonished about its size which is about 5 metres height from the three acre basement. Before its hugeness, human temerity gets diluted. The important feature of the temple is the presence of the tall compound wall and the river Parali which runs at a depth of 12 metres.
16.Wood sculptures are present in Udayamarthanda Mandapam, Otraikkal Mandapam, Sasthankoil Namaskara Mandapam, Naalambala entrance door and other places. The walls accompanying the deity of Adikesava Perumal temple and Thiruvambadi Temple, are painted with paintings. The paintings can be distinguished as animals, birds, common things like flowers, plants etc., sculptures of men, sages. The paintings can also be distinguished as ones relating to Saiva epics, Vaishnava epics, other deities and wood sculptures.
17.In Adikesava Perumal temple, there are 265 sculptures relating to Saiva epics and most of these sculptures are present only in the http://www.judis.nic.in 14 surrounding Pragara pillars. There are 384 sculptures relating to Vishnupuranam and other epics. These include the instances which have been pointed out in Ramayana and Mahabharatha, Bhagavatha Puraanam, Dasavathara pictures and the different aspects of Lord Thirumal. There are paintings painted on the walls present in the south-northern side and eastern side in respect of Adikesava Perumal temple and on the walls present in the south-northern side and western side in respect of Thiruvambadi temple. These paintings can be differentiated as one relating to Puraana Ithikasam (Bhagavatham, Ramayanam, Mahabharatham etc.) and the one relating to society.
18.It is the grievance of the petitioner that the paintings, sculptures and statues of Thiruvattaru Sri Adikesava Perumal Temple, having enormous and special features, are ruined day-by-day, owing to malfunctioing of the administration. Therefore, in order to ascertain its real status, this Court had appointed two Advocate Commissioners, namely, R.J.Karthik and M.Kannan, who, in turn, after inspection, have filed a joint report dated 23.10.2017 before this Court, wherein, it is inter alia stated as follows:
“12. Hence under the above Commission reveals as follows:
a. The Labonam work of the Moolasthanam deity is not yet completed. As per the statement given by the Thanthri, the Moolasthanam Labonam work requires further six months time to complete. The sanctum sanctorum has to be properly cleaned by removing the reptile and insect excreta.
http://www.judis.nic.in 15 b. The restoration work in the Otraikal Mandapam is temporarily stopped due to the request made by the labonam workers. The labonam workers had apprehended that because of the water cleaning process in the Otraikal Mandapam dampness / moisture may affect the labonam process.
c. The safety measures in the temple are not adequate. C.C.T.V.Cameras have to be installed in the temple in view of the fact that already two incidents of theft in the temple have been reported. Moreover two doors on the North and South of the Temple is broken and it can be push opened and it needs immediate replacement to protect the valuables, statues, etc., in the temple. Anybody can without any effort enter the temple through these doors and it requires immediate attention.
d. It is recorded by the writer Mr.A.K.Perumal in his book Adhikesava Perumal Alayam, Thiruvattar Kovil Varalaru that there are 42 stone inscriptions in the temple. During the inspection, the said writer was very much present and he has given a handwritten list of the 42 inscriptions. None of the inscriptions have been notified and there is no identification for the devotees and the visitors to know about the inscriptions. The HR & CE Department had not recorded even a single stone inscription in the temple. The HR & CE Department has to come out with the list of inscriptions and take steps to protect the same. It is not possible for the HR & CE Department to protect the ancient stone inscriptions in the temple without even having a list of inscriptions. Hence, there is always a possibility of inscriptions being destroyed during renovation or painting works or being white washed.
e. The staff strength in the temple is inadequate and most of the Sannathis, corridors and other places are poorly maintained and the officials who were present expressed that they do not have adequate staff strength. The Department has to take immediate steps to appoint sufficient number of employees in the Temple.
f. The temple is poorly lit. All over the temple in the stone pillars and Vilakkali Maadams there are provisions for oil lamps. Either the oil lamps have to be renovated and properly lit or otherwise adequate electrical lamps should be http://www.judis.nic.in put up in all places of the temple.16
g. Almost all the store rooms and other places are in dilapidated condition and kept unused. They have to be cleaned renovated and properly maintained. All these rooms are very good architectural marvels and should be preserved without further damage.
h. The Temple is without permanent Kodimaram for the present. The new Kodimaram is being under preparation in the location at Serial No.20 of the Site Plan. Apprehensions have been raised regarding the stability, strength and durability of chosen teak wood tree. The HR & CE Officials should bestow adequate concern and to allay the fears of the devotees an expert opinion has to obtained.
i. The officials stated that there is no sufficient income from the temple and they are in need of financial aid both from the Government and the benevolent donors. The officials stated that the Government approved rates for various items of work is inadequate and many expert workers and technicians are not coming forward to work for the said cost.
j. Even though it is stated that there are adequate number of properties and Inams that were granted to the Temple in earlier times, we could not ascertain them as the Section 29 Register for the Arulmighu Aadhi Kesava Perumal Temple were not provided to us. The temple authorities were gracious to provide Section 29 Registers for the Sub Temples.
k. There was no separate poojaris present and no separate poojas were being performed in the Kulasekara Perumal Temple and Thiruvambadi Krishnan Sannathi.
l. The palanquins of the Temple are mostly damaged and poorly maintained.
m. The old antique utensils of the Temple have been dumped in the store rooms in a very poor condition and it has to be properly listed and maintained.
n. Due to lack of care, concern, knowledge and appreciation for the aesthetics of the Temple, most of the mural paintings are not protected and have been effaced. http://www.judis.nic.in The experts have given a glimmer of hope that by 17 meticulous effort the murals can be restored. The authorities with the help of the experts and if required with the help of Archeology Department should immediately endeavour to restore the murals.
o. The Department should ensure that sandblasting techniques should not be used in the Temple.
p. The Department should in-consultation with the conservation experts and Archaeology Department come out with a scheme or plans to protect the stone inscriptions which are an important source of historical study for all generations to come.
q. The copper plates in the roof of the Otraikal Mandapam and Namaskhara Mandapam have to be immediately restored.
r. Since Thiruvattaru is located in a little remote place there are no adequate arrangements for stay of the pilgrims. There is a beautifully constructed spacious Guest House now under the control of the Public Works Department. The Guest house is not maintained properly and it bears a haunted look. The Guest house could be provided with adequate staff and utilized for the stay of visitors to the Temple.
s. Even though the temple authorities have displayed a list of various poojas being performed in the Temple, the Petitioner stated that the schedule is not followed and proper poojas are not performed. Since proper performance of poojas is most essential sacred ritual in a Temple, the Department are duty bound to supervise the proper performance of the poojas.
t. List of properties furnished by the officials of the Temple has to ascertained to know the present status and possession of the temple properties.
u. The ancient temples in Tamil Nadu are not just places of worship, but they are the mirror of the times. The HR & CE Department officials lack adequate knowledge about the history of the Temple. The HR & CE Department http://www.judis.nic.in can in coordination of the Archaeological Department take 18 steps to ascertain the age of the Temple, History, Myths, Practices, etc., of the Temple. The famous writer Mr.A.K.Perumal has rendered a yeoman service to this Temple by preparing a book covering the History of the Temple.
v. By and large the wooden rafters and planks are damaged in many places, particularly in the main Mandapams due to ravages of time.
w. On the top of the Vimanam, the wooden architectures, bracket figures are badly damaged and discoloured due to age and excreta of birds.
x. The eastern side of the outer pragara cited as Store Room are divided into two floors and has 9 compartments for the latter period usage. All the compartments are in very dangerous condition and a lot of debris is noticed. It gives a very shabby look to this beautiful temple.
y. Only in the Moolasthanam, Ottraikal mandabam, Lord Chaitanya mandabam, wooden carvings opposite the ottraikal mandabam on the northern portion of ottraikal mandabam (three deities), decorative door in the western portion facing the balibeedam, western entrance and the eastern entrance gopuram work has commenced. The northern entrance 30 feet wall running north to south up to the eastern entrance alone has been completed. The slopping roof decorated by copper plates which rests on wooden rafters above the moolasthanam mandabam ,ottraikal mandabam and namaskara mandabam have been replaced upto 80 %. In the rest of the places, the work has not even commenced. The ongoing work is highlighted in the site plan annexed with this report.”
19.On a perusal of the report of the Advocate Commissioners, it can be apparently perceived that Sri Adhikesava Perumal Temple is in a dilapidated condition and various renovation works are halfway through and therefore, utmost care should be taken to restore the Temple to its originality.
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20.The temple is one of the 12 Malai Naatu Divya Desams. Indians, particularly, Tamilians should be proud of having most number of Divya Desams in Tamil Nadu. Going by the history of Sri Adi Keshava Perumal Temple, it is clear that the temple is a very ancient one and that this Deity of Adikeshava is considered as older than Sri Ananta Padmanabha Swamy, Thiruvananthapuram. Even today, the worship to Lord Siva on the occasion of Sivarathiri, the famous Sivalaya ottam - is said to be complete only when the Siva devotee after visiting the twelve Siva shrines ends the trip in the Sri Adi Keshava Perumal Temple. Thus it is needless to state that the antiquity of the temple has to be preserved and the temple has to be brought into shape by carrying out necessary works to ensure that the inscriptions, sculptures and images in the temple are restored to its originality. Many photographs have been produced in the form of album, wherein the sculptures in the temple are photographed before carrying out the cleaning work and after carrying out the cleaning work. The images shown after the cleaning work are stunning, and it shows that it is very much feasible to restore the temple to its originality by making all necessary works.
21.According to the book written by Prof.A.K.Perumal, there are 42 stone inscriptions in the temple. According to the petitioner, none of the inscriptions have been notified and there is no identification for the http://www.judis.nic.in 20 devotees and visitors to know about the inscriptions. Hence, there is a need to notify these inscriptions for which necessary steps have to be taken to protect the inscriptions. The learned counsel for the petitioner has filed a status report as on 10.11.2018 furnishing the details of pending works to be carried out in Adi Keshava Perumal Temple, Thiruvattaru. Along with the status report, he has also filed a supporting affidavit enumerating the various lapses on the part of the temple authorities.
22.Considering the fame, antiquity and the importance of the temple, the temple has to be restored and preserved with utmost care. Restoring the temple to its originality means carrying out necessary works to bring the inscriptions, sculptures and images to its originality and to preserve the same. Hence the following directions are issued to the respondents:
(a)All the civil works with regard to mandapam and other structures have to be carried out for restoring the same to its originality.
(b)Architectural marvels in the temple have to be protected.
Kodimaram has to be prepared with stability, strength and durability and to be restored.
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(c)Mural paintings said to have been present in the temple, have to be preserved with the help of experts, for which prime assistance shall be obtained from Archaeological Department.
(d)Stone inscriptions have to be preserved and necessary records to be maintained.
(e)Wooden carvings and various roofs have to be protected.
(f)Copper plates in the temple have to be immediately restored and preserved.
(g)Old antique utensils of the temple have to be properly cleaned and preserved instead of dumping the same in a particular place.
(h)Lapses pointed out by the Advocate Commissioners have to be rectified forthwith.
23.In addition to restoring the temple to its originality, by complying with the above directions, the following directions are also issued to the respondents:
(a)Proper lightings have to be provided in the temple.
(b)Staff strength of the temple has to be increased.
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(c)Safety measures have to be carried out by installing CCTV cameras, strong rooms etc.
24.The first and second respondents shall provide adequate funds for completing all the above works.
25.It is also hereby ordered that the properties of the temple have to be restored and the encroachments have to be removed forthwith.
26.This Court has not enumerated all the works to be carried out. Such of those works other than the above, which are necessary for bringing the temple to its originality and glory, have also to be taken into account by the authorities for conducting Kumbabhishekham.
27.It is seen that already works are going on for restoration of the temple. The petitioner has prayed for appointing an expert committee for restoration of the temple. Since the work has already commenced, the respondents are directed to speed up the work to restore the glory of Arulmigu Adikesava Perumal Temple, Thiruvattaru, Kalkulam Taluk, Kanyakumari District to its originality and celebrate the Kumbabhishekham, taking note of the observations made by this Court above and also the importance of the temple. Since already more than a year has elapsed after filing this writ petition, the above exercise has to be http://www.judis.nic.in 23 carried out within a period of six months from the date of receipt of a copy of this order.
28.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
29.At this juncture, this Court is inclined to appreciate the services rendered by the Advocate Commissioners, Mr.R.J.Karthik and Mr.M.Kannan, who have made a thorough study of the temple by their frequent visits to the temple and filed the Report touching the subject matter.
Post this writ petition after six months for reporting compliance.
Index : Yes 18.12.2018
Internet : Yes
Note: Issue Order Copy on 19.12.2018.
ar/KM
To:
1.The Chief Secretary to Government,
Government of Tamil Nadu,
Fort St.George, Chennai-600 009.
http://www.judis.nic.in
24
R.MAHADEVAN, J.
KM
2.The Principal Secretary to Government,
Government of Tamil Nadu,
Hindu Religious and Charitable Endowment Department, Fort St.George, Chennai-600 009.
3.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Nungambakkam High Road, Chennai-600 034.
4.The District Collector, Kanyakumari District, Nagercoil.
W.P.(MD)No.17759 of 2017
and W.M.P.(MD)No.14306 of 2017 18.12.2018 http://www.judis.nic.in