01Facts
The petitioner invoked Article 226 seeking a direction to reconstruct Arulmighu Gopala Pillaiyar Temple in accordance with the Joint Commissioner’s proceedings dated 20 March 2015.
p. 1He complained that the temple’s gopuram kalasam required repair and that raised road levels had caused rainwater to enter the temple premises; he also objected to proceeding with the kumbhabhishekam before addressing those concerns.
pp. 2–3 · ¶ 2–3The HR&CE Department reported that, following heritage-committee recommendations, it had installed stone slabs at the entrance and constructed a compound wall, and that no further rainwater ingress had been reported for three years. It also reported that the kalasam had been restored and the kumbhabhishekam conducted on 27 January 2023.
pp. 3–4 · ¶ 4–5The petitioner’s son informed the Registry that the petition’s object had been substantially achieved and that he did not wish to pursue it.
p. 4 · ¶ 602Issues
i.1. Whether the Court should direct the respondents to carry out the requested temple reconstruction and related remedial work when the Department reported that the relevant works had been undertaken and the petition’s object substantially achieved.
p. 1 · pp. 4–5 · ¶ 6–7ii.2. Whether the Court should make any further observations concerning the prevention of rainwater and sewage entering temple premises.
p. 5 · ¶ 7–803Law Applied
The petition was brought under Article 226 of the Constitution, which empowers the High Court to issue appropriate writs, including mandamus.
p. 1It records the Court’s general expectation that the HR&CE Department take necessary action to prevent rainwater and sewage from entering temple premises, particularly during the rainy season.
p. 5 · ¶ 804Reasoning
The Department’s status report showed that it had adopted alternative measures recommended by the State Level Heritage Committee rather than raising the temple structure, and that it had repaired the kalasam and conducted the kumbhabhishekam.
pp. 3–4 · ¶ 4–5In light of those measures, the absence of reported rainwater ingress for three years, and the petitioner’s son’s indication that the petition’s object had been substantially achieved, the Court made no further specific order for reconstruction. It nevertheless noted that other ancient temples may face similar flooding problems and expressed the expectation that the Department address the risk of rainwater and sewage entering temple premises.
pp. 4–5 · ¶ 6–805Holding
The Court disposed of the writ petition without costs, observing that the Department had taken steps to prevent rainwater entering the temple and expressing the expectation that it take necessary action to prevent rainwater and sewage from entering temple premises generally.
p. 5 · ¶ 7–8, 10Original Court PDF
B.S.Venkatraman,vsThe Commissioner,
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