Thiruvallikkeni Sri Parthasarathi Swami temple ~ Court case update

From ‘The Hindu’ dt 20.12.12:

HC refuses to interfere in work on Triplicane temple

The Madras High Court on Wednesday declined to grant an interim injunction restraining the authorities from proceeding with the covering of the ‘prakara’ and ‘pradakshina’ course of the Parthasarathy temple at Triplicane here in full or part with any permanent or semi-permanent structure, pending disposal of a writ petition.

Justice D. Hariparanthaman also dismissed another plea for an interim direction to the authorities to restore the coarse stone flooring in the ‘prakara’ and the ‘pradakshina’ course in the temple which had been replaced with polished granite.

V.S. Rajkumar had filed a writ petition seeking to declare the temple as an ancient monument under Section 2 (a) of the Ancient Monuments and Archaeological Sites and Remains Act and the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act. The petitioner had also sought a consequent direction to preserve the ancient monument and antiquity of the temple. The writ petition is pending before the court. Meanwhile, the petitions seeking interim orders were sought.

Mr. Justice Hariparanthaman said the covering work had already been completed. Some facilities were done for devotees, that too outside the temple. The petitioner could not object to the same.

One had to take judicial notice of the fact that similar facilities were being provided in temples when there were a large number of devotees. The counter affidavit made it clear that the tin tower was being provided for the devotees’ benefit.

As regards the other petition that the polished granite stones should be removed, Mr. Justice Hariparanthaman said granite stones were laid in many temples where devotees gathered in large numbers for their convenience. The granite stones had been laid outside the temple at the ‘prakara.’ The Judge said he did not find any illegality in the same. Admittedly, the flooring work had already been over. Hence, no direction could be granted as an interim measure to remove the granite stones.

A petition seeking the declaration of the structure as an ancient monument is already pending

Same news as reported in The Times of India, Chennai Edition 201212

Court refuses to interfere in temple renovation:Dec 20, 2012,

CHENNAI: The Madras high court has refused to interfere with the laying polished granite flooring and building of a semi-permanent roof at the 8th century Parthasarathy Temple in Triplicane.

Justice D Hariparanthaman, dismissing a petition filed by a group of devotees on Monday, said: "Granite stones are put up in many temples to facilitate devotees. The stones are put up outside the temple at the prakara (corridor), that too near the madapalli (kitchen). Hence, I do not find any illegality in the same. Be that as it may, admittedly, the flooring work is already over. Hence, no direction can be granted as an interim measure to remove the granite stones put up near the madapalli."

The petitioners were opposed to the Hindu Religious and Charitable Endowment department's move to lay polished granite flooring and build a semi-permanent tin roofing, saying the attempt to cover the prakara and pradakshina (circumambulation) course would hurt religious sentiments of worshippers. Darshan of the gopuram (tower) and vimanam is a prescribed worship practice followed by devotees, they said.

Rejecting the submissions, Justice Hariparanthaman said that as seen from the counter-affidavit, the covering work of the prakara and pradakshina course of the temple has been completed. Also, it is not the case of the petitioners that the temple tower had been demolished or altered. It is also not their allegation that alterations were made in the sanctum sanctorum. Some facilities were made for the benefit of the devotees, he said, adding that the petitioners ought not to object it.

Ruling out the question of granting interim injunction, the judge dismissed another petition from the petitioners seeking to restrain the temple's executive officer from proceeding with the covering of the prakara and pradakshina course of Sri Parthasarathy temple.