CHENNAKESAVA SWAMY TEMPLE Vs. I SREERAMULU

JUDGEMENT

(1.) These petitions are to issue a writ of mandamus directing the respondents not to do any mining operations in the area where Chennakesava Swamy Chennarayudu temple located in the Madhavaram reserve forest to an extent of Ac. 5.00 in and around the temple and to forbid the respondents from doing any act which has the effect of obstructing the free flow of Chennakesava Vanka which is considered to be holy and sacred by the piligrims by way of mining operations along with the banks of the Vanka and from doing any mining operations which has the effect of preventing the piligrims from freely coming to the temple from the surrounding villages by resorting mining operations.

(2.) The material facts in the affidavit in support of the petition may be stated :-

(3.) These writ petitions are filed by the trustees and devotees bf the temple Sri Chennakesava Swamy @ Chennaraya temple situated in Garladinne. The temple is situated in a cave in Madhavaram reserve forest and it has a great legend of having the habitat of Siddas and Yogis. The temple is formed of rocks of Calcium formation. There is a natural perennial stream called Chennarayuni Vanka which is considered to be very sacred by the people all around. This stream descents in a Water fall by the side of the temple and then flows into the adjoining patta land from a 'Koneru' near the temple. The land to the exterid of Ac. 23-00 adjoining the temple was endowed to the temple. There is a regular piligrimage to the temple, as it is a beauty spot. For every Important festival, religious ceremonie are conducted in the temple. In the adjoining caves Yogis and Sadhus use to stay and people have been coming to the temple for meditation and for Seeking tranquillity and peace. One L.Rahman Khan applied for a mining lease for about 100 acres in Madhavaram including the site where the temple is located for exploiting the high grade lime stone. L. Rahman Khan was directed to exclude Ac. 5-00 round about the temple and this is borne out in Which is a memo from the Collector's Office, Kurnool. This direction to exclude Ac. 5-00 was confirmed by the State Government in G. 0. Ms No. 998, Industries Department, dated 23-7-1959. On the eve of the expiry of the mining lease, Rahman Khan applied for a renewal for a period of 20 years and the State Govt. rejected the application for renewal and on a revision, the Central Govt. held that he is entitled to renewal as of right. In the meanwhile, the 3rd respondent issued G O Ms No. 79, Industries & Commerce reserving the areas in Dhone and Koilkuntla taluks in Kurnool District for systematic and scientific exploitation by the State Government. By another G.O. Ms. No. 226, dated 22-3-1978, the 3rd respondent granted mining lease for limestone in favour of the 2nd respondent over an extent of Ac. 76-00 including Ac. 46-00 of land covered by the lease granted originally in favour of Mahboob Khan The lease granted in favour of the 2nd respondent included the temple and Ac. 5-00 of land around the temple for which the Government earlier rejected the application for liming lease. Before granting lease in favour of the 2nd respondent by the 3rd respondent, no enquiry was conducted by the Forest Department and no report was called for from the District Collector and the villagers of Madhavaram and Garladinne were not given any notice and opportunity to submit their objections.