Madras High Court Orders Status Quo On Construction Activities Near Sri Ranganathaswamy Temple

The Bench of Acting Chief Justice M. Duraiswamy and Justice Satya Narayana Prasad also deemed it fit to list the matter before the special bench constituted for HR&CE matters, since the parties submitted that connected matters are already pending there.

The petitioner, Rangarajan Narasimhan, sought to forbear the authorities from continuing the impugned construction activities and a further direction to the Archaeological Survey of India to protect the temple whose walls are stated to be sliding.

Advocate General R Shanmuga Sundaram on the other hand denied the allegations of blasting and quarrying. He submitted that only half a kilometer road uphill, as demanded by the devotees, is being constructed and that the same has been wrongfully challenged by the petitioner herein.

The court noted in its order as below:

"Advocate General also submitted that the authorities have currently suspended the road construction activities carried out near the hilltop. He also stated the wall demolished in the rains would be reconstructed by the authorities. The AG has sought two weeks time to file a status report. Let the matter be listed before the special bench for HR & CE matters on 2^nd December, 2021"

Arguments

The petitioner, appearing in person, submitted that the walls of the temple have been sliding amid heavy rains, though the alleged illegal construction activities are still going on. He also submitted that despite approaching the police, they weren't too keen to take any action.

This was not the first instance where the police have shrugged their shoulders upon a complaint made regarding the same issue, the petitioner alleged. Back in 2018, a police complaint was filed and it was closed on the same day itself by marking it as withdrawn, whereas the complainant never did it himself, the petitioner claimed.

In the instant petition, certain photographs were produced to allege that blasting activities are occurring near the hilltop where the temple is situated. The Petitioner also sought to show to the Court the extent of damage that the temple has accrued until now. He alleged that the compound walls of the temple are being washed away due to the use of explosives. The entire mountain has been sliding and is on the brink of collapse, he said.

One of his major submissions was that Sri Ranganathaswamy Temple, situated merely 6 kms away from Gingee Fort which is protected and maintained by the ASI, should also be protected by the authority.

State's Stand

AG Sundaram, appearing for all respondents except ASI, stated that no blasting activities have been going on near the temple premises. Any use of explosives requires the permission of District Administration; the road is being laid for the sake of devotees and their interests, he contended.

"The government has sanctioned Rs 2.86 Crores for the road construction back in 2018. That process has been going on. Rains have also been creating havoc in between and we are resolving that too. There hasn't been even a single blast, if there are such activities, there will be remnants that are easily identifiable by the Forensics Department. It is just mild cutting of rocks for laying down the road," AG submitted.

AG intimated the Court that the construction work is currently suspended. He also submitted that nobody from Singavaram village objects to the road construction and that he is willing to file a status report in two weeks to give some clarity.

The petitioner objected to the submission that the villagers have proactively expressed their interest to carry on with the construction activities.

"My Lord, I have gone myself and seen that there are explosions taking place. There are people being threatened with bullets, I have stated that in my affidavit. The local MLA has got a huge influence on this issue," Petitioner alleged.

The petitioner also wanted the respondent authorities to divulge the details about the tenders given for the construction work for which Rs. 2.86 Crores were allocated by the Government.

The bench noted that the writ petition is filed for the purpose of protection and upkeep of the temple, and hence the above submission is currently irrelevant.

Case Title: Rangarajan Narasimhan v. The Additional Chief Secretary & 10 Others

Case No: WP/24905/2021 (PIL), W.P 24906/ 2021

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