PATTUSALIER NALA SANGAM Vs. GOVERNMENT OF PONDICHERRY

JUDGEMENT

(1.) THIS writ petition is filed by the society called Pattusalier Nala Sangam, represented by its President R.Lakshmanan@Perumal for a direction against the respondents 1 to 3 to proceed further in pursuance to the meeting of the Committee said to have held on 17.8.2005 in the office of the 3rd respondent, by involving the members of Petitioner Association in the Thiruppani work of the 4th respondent temple and forbear the respondents from any manner demolishing the existing Mandapams or removing the inscriptions in the temple. Subsequently, the 5th respondent who happened to be one of the devotees has been impleaded as a party.

(2.) THE case of the petitioner association is that the 4th respondent temple was started by Pattusaliar Community from time immemorial and they alone have been maintaining the same. However, in course of time, when public started becoming members, other community members have also associated themselves as members of the trust in maintaining the temple and that has also been recognized by the Hindu Religious Institutions of the Government of Pondicherry. THE grievance of the petitioner is that even though other community members have been included, subsequently due to the conduct of the department, the renovation work of the temple could not be carried out and the temple is in dilapidated condition and that there was a meeting convened on 4.5.2003 which was adjourned subsequently, and after 8.7.2005 there was no further action taken by respondents 1 to 3 and therefore, the dilapidated condition of the temple remains as such without any renovation which has made the petitioner to approach this Court by filing the writ petition for a direction as stated above.

(3.) IN view of the fair submissions made by the learned counsel for the respondents 1 to 3, the writ petition is disposed of with a direction to the respondents 1 to 3 to allow the Advisory Committee constituted as per G.O.Ms.No.44/CHRI/T.1/96, Hindu Religious INstitutions, dated 19.1.1996 to continue to be the Advisory Committee for the purpose of renovation who shall convene their meeting within one week from the date of receipt of a copy of this order about the various requirements and submit a report to the Department, namely, the third respondent-Commissioner, Hindu Religious INstitutions, Pondicherry. On the submission of such report by the Committee, the third respondent shall immediately proceed to commence the renovation work of the temple which shall be completed expeditiously in the interest of public. It is for the Committee constituted as stated above to decide about the various activities to be done, Thiruppani works etc in which event, it is for the department to consider in accordance with law. As on date, the control of the temple is under the Hindu Religious INstitutions Department even though the same is administered by the people from various communities including Pattusaliar community.