C.M.SIVABABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come up with this writ petition, seeking a direction to respondents 1 to 9 herein, to restore the Arulmigu Bhaktha Markandeya Temple by reconstructing it in the very same place where it stood before its demolition near Bali Theertham, Chengam Road, Thiruvannamalai and other incidental relief by taking into consideration the representation of the petitioner dtd. 8/9/2017. The case of the petitioner is that there was a temple called Arulmigu Bhaktha Markandeya Temple at Chengam Road, near Bali Theertham, Thiruvannamalai in Girivalam Route around Thiruvannamalai mountain.

(2.) The petitioner submitted that the said temple was a sub-temple of Arulmigu Arunachaleswarar Temple, Thiruvannamalai and the same was situated in a Government Poramboke land. According to the petitioner, the respondents 10 and 11 put up a coffee shop in a land adjacent to above the said temple and gradually they encroached the temple and ultimately demolished it and put up a new building. Subsequently at the instance of the petitioner, the HR&CE authorities lodged a police complaint regarding the illegal act of demolition of the temple and an F.I.R. was registered in Crime No. 193 of 2014 on the file of Town Police Station Tiruvannamalai, against the 10th respondent and others. The idol of presiding deity of Arulmigu Bhaktha Markandeya Temple was subsequently found inside a well near the temple. Though the above said illegal act of the respondents 10 and 11 were brought to the notice of the HR&CE officials and other authorities, they have not taken any steps to protect or restore the temple. Now the respondents 1 to 9 are duty bound to reconstruct the temple of Arulmigu Bhaktha Markandeya Temple at very same place where it was initially located after removing existing illegal structure put up by the respondents 10 and 11.

(3.) The respondents 3 and 8 filed their respective counter, wherein they have narrated the cooperation rendered by them to the Advocate Commissioner appointed by this Court by order dtd. 22/2/2019, to inspect the property in question namely Arulmigu Bhaktha Markandeya Temple, to measure the disputed property with the help of the revenue officials and file a detailed report. Both of them in the counter submitted that considerable efforts have been made to conduct a detailed enquiry to ascertain the exact location of the Arulmigu Bhaktha Markandeya Temple which was in existence. The respondents 3 and 8 were not sure about the exact location of the Arulmigu Bhaktha Markandeya Temple. However, the existence and demolition of the same is beyond doubt.