W.P.(MD) No.28411 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025 CORAM: THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.28411 of 2024 M.T.Uma Maheswaran .. Petitioner Vs. 1.The District Collector, Collectorate, Madurai District. 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-34. 3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai-625 016. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai-625 016. 5.The Divisional Engineer (Highways), Construction and Maintenance, Madurai-625 002. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 6.The Superintending Engineer, Office of Superintending Engineer, Madurai (Highways) Circle, Construction and Maintenance, Madurai-625 002. 7.The Superintending Engineer, Public Works Department, Water Resources Organization, Periya Vaigai Basin Circle, Madurai Region, Madurai. 8.IVLR Infrastructures, Rep., by the Director, No.3/1, Indian Oil Petrol Bunk Campus, Ashok Nagar-Palamedu Main Road, Madurai. 9.NOTCH India Projects, Rep., by Project Manager, Poriyalar Nagar, Thiruppalai, Madurai. 10.Arulmigu Vinayagar Temple, Melamadai, Madurai, Through its Executive Officer. .. Respondents [R10-impleaded vide order dated 16.12.2024 in W.M.P. (MD) No.25430 of 2024 in W.P.(MD) No.28411 of 2024] Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 07.11.2024 and to pass _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 appropriate orders to protect the 100 years old, ancient and antique Vinayakar temple situated at Melamadai Revenue Village, Melamadai Main Road, Gandhi Nagar Post, Madurai without affecting the existing temple structure. For Petitioner : Mr.M.R.Sreenivasan For RR1 & 5 to 7 : Mr.R.Suresh Kumar Additional Government Pleader For RR2 to 4 : Mr.P.Subbaraj Special Government Pleader For R10 : Mr.S.Manohar ORDER When the matter was heard on the earlier occasion, it was suggested that there is a vacant place adjacent to the Village Administrative Officer's Office and hence, the District Collector was directed to submit a report as to the feasibility of relocating the temple viz., Vinayakar temple situated at Melamadai Revenue Village, Melamadai Main Road, Gandhi Nagar Post, Madurai in the said place. However, the District Collector today has given instructions to the learned Government Pleader of this Court, which has been placed before _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 this Court. He has specifically indicated that originally, the said land was qualified as “Government poramboke well”, but now the well is not existence and since the same is adjacent to the Village Administrative Officer's Office, the same could also be required for future expansion of the Village Administrative Officer's Office. He had further indicated that there are lands which are owned by the said temple in S.Nos.1/7, 15/2 and 7/25. He had also further indicated that with regard to S.No.1/7, there is no proper pathway to approach the land. 2. When this Court had made a suggestion as to whether the temple would be willing to relocate itself to the lands belonging to it, it was submitted that both the lands are located at a farther place from the present place which may have some difficulty to the devotees. However, considering the fact that the temple is sought to be rebuilt only for putting up an over bridge in the location to decongest the congestion of traffic, which is more in public interest, this Court is of the view that the temple can also be relocated in the available land. It was also suggested by the Executive Officer of the temple, the tenth respondent that the _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 temple could be beneficially situated in S.No.7/25, which is in closer proximity about 1 km away from the present place. 3. Considering the fact that the temple has been in the present place from time immemorial and worshipped by the devotees of the temple and also the availability of the temple's land in S.No.7/25, this Court directs shifting of the temple to the land owned by the temple in S.No.7/25 to enable the completion of the over bridge. It is made clear that the fifth respondent who has been engaged in construction of the bridge, shall construct appropriate building in the said place within a period of three months from today (08.01.2025). In the meantime, the idol can be placed in the temporary structure in the same survey number in a properly constructed and secured temporary structure. The fifth respondent shall do the needful in complying with the said order. 4. With the aforesaid direction, this Writ Petition stands disposed of. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 5. Place the matter on board after three months 'for reporting compliance'. In view of the direction issued supra that the idol shall be shifted to a temporary construction to be made by the fifth respondent, the order impugned herein need not be given effect to. There shall be no order as to costs. 08.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Collectorate, Madurai District. 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-34. 3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai-625 016. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai-625 016. 5.The Divisional Engineer (Highways), Construction and Maintenance, Madurai-625 002. 6.The Superintending Engineer, Office of Superintending Engineer, Madurai (Highways) Circle, Construction and Maintenance, Madurai-625 002. 7.The Superintending Engineer, Public Works Department, Water Resources Organization, Periya Vaigai Basin Circle, Madurai Region, Madurai. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.28411 of 2024 K.KUMARESH BABU, J. abr W.P.(MD) No.28411 of 2024 Dated: 08.01.2025 _________ https://www.mhc.tn.gov.in/judis