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Public Interest Writ

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0% found this document useful (0 votes)
61 views34 pages

Public Interest Writ

Authored by A Arun

Uploaded by

Arun Troy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(SPECIAL ORIGINAL JURISDICTION)

W.P.NO. OF 2024

Mr. N.D Muruganandham


No 58, 4th Street,
United Colony,
Kolathur
Chennai-600 099 ...Petitioner

Vs.
1. The Chief Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009.

2. The Secretary,
Government of Tamil Nadu,
Tourism, Culture and Religious Endowment Department,
Secretariat,
Chennai – 600 009.

3. The District Collector


Cuddalore District
Cuddalore

4. The Commissioner
Hindu Religious and Charitable Endowments Department
Uthamar Gandhi Road
Nungambakkam
Chennai - 600 034
5. The State Level Expert Committee,
Rep by the Addl. Commissioner(Thiruppani)
O/o The Commissioner
Hindu Religious and Charitable Endowments Department
Uthamar Gandhi Road
Nungambakkam
Chennai - 600 034

6. The Superintendent of Archaeology,


Archaeological Survey of India,
Chennai Circle,
Fort St., George, Chennai-9.

7. The Executive Officer


Thiru Arutprakasa Vallalar Deivanilayam,
Vadalur
Cuddalore District 607 003

8. The Chairman
Thiru Arutprakasa Vallalar Deivanilayam,
Vadalur
Cuddalore District 607 003
..Respondents
AFFIDAVIT OF N.D MURUGANANDHAM

I, N.D Muruganandham, son of N. Duraipandian, aged above 66 years ,


residing at No 58, 4th Street, United Colony, Kolathur Chennai-600 099 do
hereby solemnly affirm and state as follows:

I state that I am the Petitioner herein and as such I am well conversant

with the facts and circumstances of the case.

1. I state that my deep concern as a citizen for the preservation of the

sanctity and heritage of the sacred land at Vadalur, known as Peru Veli,

stems from its rich historical, religious, and cultural significance. The site,

revered for its association with Shri Ramalinga Swami, stands as a testament

to the promotion of universal love and spiritual enlightenment.

2. I state that I am filing this writ petition in the nature of a public

Interest Litigation seeking a direction from this Hon’ble court in the nature of

a writ to direct the respondent No 2 to consider the Representation of the

Petitioner dated 18.03.2024 to halt construction activities in accordance

with G.O. No: 361 dated 5/10/2023, explore alternative locations, uphold

fundamental rights, to safeguard the sanctity of Vadalur and uphold

principles of justice.

Vallalar's Concept of God and Humanity

3. I state that at the heart of Vallalar's teachings lies his profound

understanding of the relationship between God and humanity. He envisioned


God not as a distant, anthropomorphic deity but as an omnipresent, formless

divine light permeating the entire cosmos. Vallalar referred to this divine

light as "Arut Perum Jyothi" or the Great Graceful Light.

According to Vallalar, every individual is a manifestation of this divine light,

and the ultimate goal of human life is to realize this inherent divinity within

oneself. He emphasized that God resides within every being, transcending all

boundaries of caste, creed, or religion. Vallalar's teachings underscored the

inherent unity and interconnectedness of all living beings, promoting the

ideal of universal brotherhood and harmony.

Purpose of Life: Attaining Spiritual Enlightenment

4. I state that the Central to Vallalar's teachings is the concept of "Arut

Perum Jyothi Anubhuti," which refers to the direct experience of the divine

light within oneself. Vallalar believed that the purpose of human life is to

attain spiritual enlightenment, to awaken to the divine consciousness that

lies dormant within each individual. Vallalar taught that true fulfillment and

liberation can be achieved not through external pursuits or material

possessions but through inner transformation and self-realization. He

encouraged his followers to embark on a journey of self-discovery, leading to

the realization of their true nature as divine beings.

Formless Worship and Rejection of Rituals

5. I state that One of Vallalar's most revolutionary teachings was his

advocacy for formless worship and the rejection of ritualistic practices. He


criticized the prevalent emphasis on external rituals and ceremonies,

which he viewed as mere superstitions devoid of spiritual essence. Vallalar

exhorted his followers to transcend the limitations of religious dogmas and

embrace a path of inner devotion and contemplation. He emphasized the

worship of the formless divine light, teaching that true communion with

God occurs through the purity of heart and mind rather than through

external rituals or idol worship.

Compassion and Service to Humanity

6. I state that the Compassion and selfless service were fundamental

tenets of Vallalar's teachings. He believed that the highest form of worship

is to alleviate the suffering of others and to serve humanity with love and

humility. Vallalar's humanitarian efforts included the establishment of free

kitchens, hospitals, and shelters for the needy. Vallalar's teachings on

compassion extended beyond human beings to encompass all living beings,

including animals and plants. He advocated for the ethical treatment of

animals and the protection of the environment, recognizing the

interconnectedness of all life forms.

Legacy and Influence

7. I state that the Vallalar's teachings continue to exert a profound

influence on spiritual seekers and devotees across the world. His literary

works, including the "Thiru Arutpa" (Songs of Divine Grace), "Arutperunjothi

Agaval" (The Garland of Light), and "Deiva Mani Malai" (The Garland of

Divine Gems), serve as spiritual guideposts for those on the path of self-

realization.
The establishment of the "Sathya Gnana Sabha" (Society for Truth and

Wisdom) by Vallalar remains a testament to his vision of creating a

community dedicated to spiritual upliftment and social welfare. The

teachings of Vallalar continue to inspire people of all backgrounds to lead

lives of compassion, service, and spiritual awakening.

Land Donation:

8. I state that thirty-nine ardent devotees of Sri Ramalingam Swamy

collectively donated vast expanses of land, totaling approximately 120 acres,

through a gift deed dated 2/2/1870. This selfless act reflects their

unwavering faith in Swamy's teachings and lays the foundation for sustained

spiritual endeavors.

Hereditary Management:

9. I state that Shri Appasamy Pandariar, the esteemed Zamindar of Vetta

Valam, entrusted the management of sacred institutions and assets to his

son, Sakkarai Pandariya, through a registered will. This ensures the

continuity of spiritual service and preserves valuable resources for future

generations, cementing the family's role in upholding Swamy's legacy.

Legal Documentation:

10. I state that revenue officials recognized ownership of sacred

institutions under appointed agents, affirming the ongoing spiritual and

administrative continuity envisioned by Swamy. This acknowledgment


underscores the enduring impact of Swamy's teachings and the commitment

of his followers to uphold his legacy.

11. I state that Article 26 of the Constitution of India guarantees

fundamental rights, including the right to manage religious affairs, to

religious denominations. This constitutional provision is of utmost relevance

in the instant case concerning the Ramalinga Swami Temple at Vadalur. As a

sacred site deeply intertwined with religious practices and beliefs, the temple

and its associated institutions are entitled to protection under Article 26

Any interference or abridgment of these rights would contravene the

constitutional safeguards established to uphold religious freedom and

autonomy.

12. I state that the proposed construction of an "International Vallalar

Center" by the Government of Tamil Nadu, as detailed in G.O. No: 361 dated

5/10/2023, raises significant concerns regarding its potential impact on the

sacred landscape of Vadalur and the principles it embodies. In Kantaru

Rajeevaru vs. Indian Young Lawyers Association, (2019) 4 SCC 1,

where the Supreme Court emphasized the importance of protecting the

religious and cultural heritage of sacred sites.

13. I state that In Durgah Committee v. Syed Hussain Ali, (1962) 1

SCR 383 Vallalar's Devotion to Lord Nataraja and Shaivism that

Vallalar, being a staunch devotee of Lord Nataraja of Chidambaram, devoted


his life to propagating Shaivism. He wrote numerous praises of Lord Shiva

and respected
the appellant's forefather, engaging in debates on Shaivism principles.

Vallalar's beliefs were deeply rooted in the worship of Lord Shiva, evident in

his compositions like "Nangam Thirumurai" praising Lord Nataraja.

14. I state that Vadalur holds profound heritage significance, being the

establishment site of the Dharma Salai and Gnana Sabhai by Shri Ramalinga

Swami. These institutions symbolize the promotion of universal love,

compassion, and spiritual enlightenment, shaping the cultural fabric of the

region for generations.

15. I state that the teachings of Shri Ramalinga Swami, emphasizing

universal love and compassion, continue to inspire seekers of truth and

spiritual harmony. His legacy remains an integral part of the spiritual

landscape, guiding individuals towards a path of righteousness and

enlightenment This court in W.A.Nos.2262 & 2263 of 2011 Thiru

Sabanatha Oli Sivachariyar S/o Chit Sabesa Sivachariyar vs The

Commissioner H.R. & C.E. Department & Others upheld Vallalar's

teachings as protected under Article 25 of the Constitution of India, affirming

the right to freedom of conscience and the practice of religion. It emphasized

the need to preserve Vallalar's unique method of worship as an integral part

of religious freedom..

16. I state that Shri Ramalinga Swami's foresight in anticipating large

crowds during auspicious occasions like Thai Poosam underscores the


practicality of his vision and the communal spirit fostered by his teachings.

His proactive measures ensured the accommodation of devotees, reflecting

his commitment to facilitating spiritual experiences for all.

Violation of Religious Rights:

17. I state that Article 26(3) of the Constitution of India guarantees every

religious denomination or any section thereof the right to manage its own

affairs in matters of religion. By proposing construction on the sacred land of

Vadalur, the government may be infringing upon the religious rights of the

devotees and the institutions established by Shri Ramalinga Swami.

18. I state that in the case of Shirur Mutt vs. Commissioner, Hindu

Religious Endowments 1954 SCR 1005), the Supreme Court held that

religious rights are subject to public order, morality, and health. However,

any interference with religious matters must be justified by a pressing

social need and must be proportionate to the object sought to be achieved.

Environmental Considerations:

19. I state that any construction activity on the sacred land of Vadalur

may have adverse environmental implications, including habitat destruction,

disruption of ecological balance, and depletion of natural resources. In the

case of M.C. Mehta vs. Union of India, the Supreme Court reiterated the

principle of
sustainable development, emphasizing the need to balance environmental

conservation with developmental activities.

Right to Fair Procedure:

20. I state that the government's decision G.O 361 Tourism,Culture and

Religious Endowments(T3-2) Department dated 05.10.2023 to

proceed with the construction without adequately considering the objections

raised by the devotees constitutes a violation of the principles of natural

justice. In the case of Maneka Gandhi vs. Union of India, the Supreme

Court held that the right to a fair procedure is a fundamental right

guaranteed under Article 21 of the Constitution.

21. I state that the collective donation of land by thirty-nine devotees of

Sri Ramalingam Swamy, totaling approximately 120 acres, played a pivotal

role in securing the continuity of spiritual service at Vadalur. This selfless act

exemplifies the deep-rooted faith and devotion inspired by Shri Ramalinga

Swami's teachings.

22. I state that the hereditary management of sacred institutions and

assets by the esteemed Zamindar of Vetta Valam, Shri Appasamy

Pandariar, ensured the preservation of spiritual stewardship and the

continuity of Shri Ramalinga Swami's legacy. This demonstrates a

commitment to upholding the spiritual heritage of Vadalur for future

generations.
23. I state that the recognition of ownership by revenue officials through

the transfer of patta to appointed agents affirmed the ongoing spiritual and

administrative continuity envisioned by Shri Ramalinga Swami. This legal

acknowledgment solidifies the rightful stewardship of the sacred institutions

established at Vadalur.

24. I state that the Government of Tamil Nadu's directive, G.O. No: 361

dated 5/10/2023, highlights its intention to establish an "International

Vallalar Center" dedicated to propagating the teachings of Vallalar

Ramalinga Swamy. However, concerns arise regarding the potential impact

on the spiritual sanctity of Vadalur.

25. I state that the challenge posed by encroachments on the initially

donated land, reducing it to 80 acres, emphasizes the need for additional

infrastructure and management strategies to accommodate the evolving

needs of devotees and preserve the sanctity of the sacred space.

26. I state that concerns regarding the feasibility of the proposed 70-acre

campus for the International Center stem from potential safety risks and the

cramped design's inability to accommodate millions of devotees. Preserving

the safety and spiritual experience of devotees is paramount.

Legal and Constitutional Rights:


27. I state that the the authorities were challenged on the grounds of

Article 25 and Article 26 of the Constitution of India, which guarantee

freedom of religion and the right to manage religious affairs, respectively.

Interference with religious practices without legal basis was deemed

unconstitutional.

N.Adithayan v. Travancore Devaswom Board, (2002) 8 SCC 106;

Guruvayoor Devaswom Managing Committee v. C.K.Rajan, (2003) 7

SCC 546.

28. I state that the violation of the spiritual sanctity of the Gnana Sabhai

by construction plans contradicts its fundamental principles and jeopardizes

the serene ambiance cherished by devotees. Maintaining the sanctity of this

revered space is essential to honoring Shri Ramalinga Swami's legacy.

29. I state that the dismissal of alternate opinions by the HR&CE

Department during public hearings disregards the concerns raised by

devotees. This refusal to acknowledge dissenting voices undermines

democratic principles and neglects community input in matters affecting

religious institutions.

30. I state that the legal and constitutional concerns raised, including

violation of religious rights, protection of cultural heritage, environmental

considerations, right to fair procedure, and the source of funds, warrant

thorough examination to ensure decisions align with established legal

principles and constitutional rights.


Preservation of Vallalar's Legacy:

31. I state that the Vallalar's teachings and method of worship are need to

be preserved, as they represent an essential part of India's religious and

cultural heritage. Any interference with these practices was deemed

unacceptable.

32. I state that Tamil Nadu Heritage Commission Act, 2012, are wide

enough to cover temples. The definitions of 'building', 'heritage building',

'monuments of heritage importance' etc., found in Section 2 of the said Act,

are exhaustive to include within its ambit, the temples also. For better

appreciation, the relevant definitions are extracted hereunder:

Section 2

(a) “building” includes any structure or erection or part of a structure or

erection which is intended to be used for residential, industrial, commercial,

cultural or other purposes whether in actual use or not.”

(b) “building operations” includes rebuilding operations, structural

alterations of or additions to buildings or other operations normally

undertaken in connection with the construction of buildings.”

(h) “heritage building” means any building or one or more premises or any

part thereof which requires preservation and conservation for historical,

architectural, environmental or cultural importance and includes such portion

of the land adjoining such building or any part thereof as may be required for

fencing or covering or otherwise preserving such building and also includes

the
areas and buildings requiring preservation and conservation for the purposes

as aforesaid.”

(k) “monuments of heritage importance” means any building, structure,

erection, monolith, monument, mound, tumulus, tomb, place of interment

cave, sculpture, inscription on an immovable object or any part or remains

thereof, or any site, which the Government, by reason of its heritage

association, considers it necessary to protect against destruction, injury,

alteration, mutilation, defacement, removal, dispersion or falling in to

decay.” The temples upon being declared as heritage sites, will be known as

a place of historical importance bringing them under the jurisdiction of the

Commission for preservation and repairs, which will be an added protection.

At the same time, the authority of HR&CE Department in other aspects will

not be disturbed and they can co-ordinate with the experts and the

Commission. That apart, by declaration of temples as heritage sites, their

status as a symbol of culture, will not be disturbed; and that, the temples are

protected under Articles 25 and 26 of the Constitution.

33. I state that in accordance with G.O.Ms.No.122 dated 18.10.2021, the

constitution of the State Level Expert Committee serves as a pivotal step

towards the preservation and recognition of cultural and historical heritage,

including the Shri Ramalinga Swami. The committee comprises nine

members with diverse expertise, including representatives from the HR & CE

Department, State Archaeological Expert, Structural Engineers, Agamas

Experts, and Historical Experts. It is imperative that a comprehensive report

be
sought from the State Level Expert Committee regarding their findings and

recommendations pertaining to the Shri Ramalinga Swami temple. This

report should encompass detailed assessments of the temple's architectural

integrity, historical context, religious significance, and recommendations for

its conservation and recognition as a cherished heritage site. Such a report

will serve as a valuable resource for guiding future actions aimed at

preserving and promoting the rich cultural heritage encapsulated within the

Shri Ramalinga Swami temple.

34. I state that the actions to halt construction activities, explore

alternative locations, uphold fundamental rights, and reserve the right to

seek judicial review if concerns are not satisfactorily addressed are

necessary to safeguard the sanctity of Vadalur and uphold principles of

justice and equity.

35. I state that I give an undertaking that I will pay the costs, if any, if it is

found to be intended for personal gain or oblique motive. I have filed the

petition out of my own funds. Avocation, source of income and PAN number:

AFZPM5390K
It is humbly prayed that this Hon’ble Court may be pleased to pass an

Order of INTERIM DIRECTION directing the 1st and 2nd respondents to

conduct a public hearing with all the stakeholders including the people of

that locality of vallalar International centre for the construction activities at

the Vallalar International Centre or pass such further or other Orders as this

Hon’ble Court may deem fit and proper in the circumstances of the case and

thus render justice.

Hence in view of the above mentioned circumstances, it is therefore

most humbly prayed that Hon’ble court may be pleased to issue a WRIT

OF MANDAMUS or any other Writ or Writs Order or Orders directing the

respondent No 2 to consider the Representation of the Petitioner dated

18.03.2024 forbearing the Respondents from proceeding with the

construction of the Vallalar International Centre pending the appointment of

trustees of religious denomination community safeguarding the sanctity of

vallalar , to safeguard the sanctity of Vallalar and uphold principles of justice

and equity and pass such further or other orders as may be fit and proper in

the facts and circumstances of the case and thus render Justice.

Solemnly affirmed at Chennai BEFORE ME

On this day of March 2024

And signed his name in my presence. ADVOCATE: CHENNAI


MEMORANDUM OF WRIT PETITION
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)

W.P.NO. OF 2024

Mr. N.D Muruganandham


No 58, 4th Street,
United Colony,
Kolathur
Chennai-600 099 ....Petitioner

Vs.
1. The Chief Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009.

2. The Secretary,
Government of Tamil Nadu,
Tourism, Culture and Religious Endowment Department,
Secretariat,
Chennai – 600 009.

3. The District Collector


Cuddalore District
Cuddalore
4. The Commissioner
Hindu Religious and Charitable Endowments Department
Uthamar Gandhi Road
Nungambakkam
Chennai - 600 034

5. The State Level Expert Committee,


Rep by the Addl. Commissioner(Thiruppani)
O/o The Commissioner
Hindu Religious and Charitable Endowments Department
Uthamar Gandhi Road
Nungambakkam
Chennai - 600 034

6. The Superintendent of Archaeology,


Archaeological Survey of India,
Chennai Circle,
Fort St., George, Chennai-9.

7. The Executive Officer


Thiru Arutprakasa Vallalar Deivanilayam,
Vadalur
Cuddalore District 607 003

8. The Chairman
Thiru Arutprakasa Vallalar Deivanilayam,
Vadalur
Cuddalore District 607 003
..Respondents
MEMORANDUM OF WRIT PETITION FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA

The petitioner above named state as follows:

The petitioner is Mr. N.D Muruganandham S/o N. Duraipandian, aged


above 66 , residing at No 58, 4th Street, United Colony, Kolathur Chennai-
600 099 do hereby solemnly affirm and state as follows:

The address for services on the Petitioner is as stated above

and care of all Notices and Processes of M/s., K.G.Sri Durga Priya

(1631/2020), K.Dheepakshi (6496/2021), N.Chandran (5729/2021), Mohamed

Ashik B(4552/2023) at “Caithness Hall”, 2 nd Floor, Old No.157, New

No.323, Linghi Chetty Street, Chennai - 600 001

The First Respondent is The Chief Secretary, Government of Tamil

Nadu, Secretariat, Fort St. George, Chennai-600 009

The Second Respondent is The Secretary, Government of Tamil Nadu,


Tourism, Culture and Religious Endowment Department, Secretariat,
Chennai – 600 009.

The Third Respondent is The District Collector Cuddalore District


Cuddalore

The Fourth Respondent is The Commissioner Hindu Religious and


Charitable Endowments Department Uthamar Gandhi Road
Nungambakkam Chennai - 600 034
The Fifth Respondent is The State Level Expert Committee, Rep by

the Addl. Commissioner(Thiruppani) O/o The Commissioner, Hindu Religious

and Charitable Endowments Department Uthamar Gandhi Road

Nungambakkam Chennai - 600 034

The Sixth Respondent is The Superintendent of Archaeology,


Archaeological Survey of India, Chennai Circle, Fort St., George, Chennai-9.

The Seventh Respondent is The Executive Officer Thiru Arutprakasa


Vallalar Deivanilayam, Vadalur Cuddalore District 607 003

The Eighth Respondent is The Chairman, Thiru Arutprakasa Vallalar


Deivanilayam, Vadalur, Cuddalore District 607 003.

The address for service of all notices and summons on the respondents
are stated above.

For the reasons stated in the accompanying Affidavit the petitioner


most respectfully prays that this Hon’ble court may be pleased to issue a
WRIT OF MANDAMUS or any other Writ or Writs Order or Orders directing
the respondent No 2 to consider the Representation of the Petitioner dated
18.03.2024 forbearing the Respondents from proceeding with the
construction of the Vallalar International Centre pending the appointment of
trustees of religious denomination community safeguarding the sanctity of
vallalar , to safeguard the sanctity of Vallalar and uphold principles of
justice and equity and pass such further or other orders as may be fit and
proper in the facts and circumstances of the case and thus render Justice.

Dated at Chennai on this of March, 2024

Counsel for
Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.M.P OF 2024
in
W.P.NO. OF 2024

Mr. N.D Muruganandham


No 58, 4th Street,
United Colony,
Kolathur
Chennai-600 099 ....Petitioner/ Petitioner

Vs.
1. The Chief Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009.

2. The Secretary,
Government of Tamil Nadu,
Tourism, Culture and Religious Endowment Department,
Secretariat,
Chennai – 600 009.

3. The District Collector


Cuddalore District
Cuddalore
4. The Commissioner
Hindu Religious and Charitable Endowments Department
Uthamar Gandhi Road
Nungambakkam
Chennai - 600 034

5. The State Level Expert Committee,


Rep by the Addl. Commissioner(Thiruppani)
O/o The Commissioner
Hindu Religious and Charitable Endowments Department
Uthamar Gandhi Road
Nungambakkam
Chennai - 600 034

6. The Superintendent of Archaeology,


Archaeological Survey of India,
Chennai Circle,
Fort St., George, Chennai-9.

7. The Executive Officer


Thiru Arutprakasa Vallalar Deivanilayam,
Vadalur
Cuddalore District 607 003

8. The Chairman
Thiru Arutprakasa Vallalar Deivanilayam,
Vadalur
Cuddalore District 607 003
..Respondents/ Respondents
MEMORANDUM OF WRIT MISCELLANEOUS PETITION FILED UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA

The petitioner above named state as follows:

The petitioner is Mr. N.D Muruganandham S/o N. Duraipandian, aged


above 66 , residing at No 58, 4th Street, United Colony, Kolathur Chennai-
600 099 do hereby solemnly affirm and state as follows:

The address for services on the Petitioner is as stated above

and care of all Notices and Processes of M/s., K.G.Sri Durga Priya

(1631/2020), K.Dheepakshi (6496/2021), N.Chandran (5729/2021), Mohamed

Ashik B(4552/2023) at “Caithness Hall”, 2 nd Floor, Old No.157, New

No.323, Linghi Chetty Street, Chennai - 600 001

The First Respondent is The Chief Secretary, Government of Tamil

Nadu, Secretariat, Fort St. George, Chennai-600 009

The Second Respondent is The Secretary, Government of Tamil Nadu,


Tourism, Culture and Religious Endowment Department, Secretariat,
Chennai – 600 009.

The Third Respondent is The District Collector Cuddalore District


Cuddalore

The Fourth Respondent is The Commissioner Hindu Religious and


Charitable Endowments Department Uthamar Gandhi Road
Nungambakkam Chennai - 600 034
The Fifth Respondent is The State Level Expert Committee, Rep by

the Addl. Commissioner(Thiruppani) O/o The Commissioner, Hindu Religious

and Charitable Endowments Department Uthamar Gandhi Road

Nungambakkam Chennai - 600 034

The Sixth Respondent is The Superintendent of Archaeology,


Archaeological Survey of India, Chennai Circle, Fort St., George, Chennai-9.

The Seventh Respondent is The Executive Officer Thiru Arutprakasa


Vallalar Deivanilayam, Vadalur Cuddalore District 607 003

The Eighth Respondent is The Chairman, Thiru Arutprakasa Vallalar


Deivanilayam, Vadalur, Cuddalore District 607 003.

The address for service of all notices and summons on the respondents
are stated above.

For the reasons stated in the accompanying Affidavit the petitioner


most respectfully prays that this Hon’ble court may be pleased to pass an
Order of INTERIM DIRECTION directing the 1st and 2nd respondents to
conduct a public hearing with all the stakeholders including the people of
that locality of vallalar International centre for the construction activities at
the Vallalar International Centre or pass such further or other Orders as this
Hon’ble Court may deem fit and proper in the circumstances of the case and
thus render justice.

Dated at Chennai on this of March, 2024

Counsel for Petitioner


IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P.NO. OF 2024

Mr. N.D Muruganandham


No 58, 4th Street,
United Colony,
Kolathur
Chennai-600 099 ....Petitioner

Vs.
The Chief Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009 & 7 Others ...Respondents

INDEX TO TYPED SET


S.N Date Description Page
o
No
1. 02.04.2024 Dates & Events

2. 02.04.2024 Synopsis

3. 02.04.2024 Coding Sheet

4. 02.04.2024 Court Fee

5. 02.04.2024 Writ Petition

6. 02.04.2024 Interim Direction

7. 02.04.2024 Affidavit

INDEX TO TYPED SET

8. Letter to Chief Minister to Relocate


theVallalar International Centre -
Vadalur
9. 02.02.186 List of Donors Gifted the Vadalur
7 Land
10. 31.12.196 History Of Vadalur by
7 Samarasa Sanmarga Research
Centre
11. October Book- The Luminary Of Compassion
2023 Sri Ramalinga Swamigal
Authored by- B.Prabakaran
Published by-Samvit Prakashan and
Media Pvt Ltd
12. 18.03.202 Petitioner Representation to
4 R2 and R4 with Acknowledgment
13 05.10.202 G.O. No: 361 Tourism, Culture and
3 Religious Endowment Department
14 02.04.202 Vakalat
4
15 02.04.202 Batta
4

Dated at Chennai on this of March, 2024

Counsel for Petitioner


IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P.NO. OF 2024

Mr. N.D Muruganandham


No 58, 4th Street,
United Colony,
Kolathur
Chennai-600 099 ....Petitioner

Vs.
The Chief Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009 & 7 Others ...Respondents

DATES AND EVENTS

S.N Date Description Page


o
No
1. Letter to Chief Minister to Relocate
theVallalar International Centre -
Vadalur
2. 02.02.186 List of Donors Gifted the Vadalur
7 Land
3. 31.12.196 History Of Vadalur by
7 Samarasa Sanmarga Research
Centre
6. 05.10.202 G.O. No: 361 Tourism, Culture and
3 Religious Endowment Department
4. October Book- The Luminary Of Compassion
2023 Sri Ramalinga Swamigal
Authored by- B.Prabakaran
Published by-Samvit Prakashan and
Media Pvt Ltd
5. 18.03.202 Petitioner Representation to
4 R2 and R4 with Acknowledgment

Dated at Chennai on this of March, 2024

Counsel for Petitioner


IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P.NO. OF 2024

Mr. N.D Muruganandham


No 58, 4th Street,
United Colony,
Kolathur
Chennai-600 099 ....Petitioner

Vs.
The Chief Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009 & 7 Others ...Respondents

Synopsis:

1. N.D. Muruganandham, the petitioner, seeks to preserve the sacred land at

Vadalur, Peru Veli, linked with Shri Ramalinga Swami's legacy.

2. The petitioner files a Public Interest Litigation (PIL) to halt construction

activities proposed by the Government of Tamil Nadu for an "International

Vallalar Center."

3. The affidavit emphasizes Vallalar's teachings, including universal love,

spiritual enlightenment, formless worship, compassion, and service to

humanity.
4. Legal and constitutional concerns are raised, citing Article 25 and Article

26 of the Constitution regarding religious freedom and management of

religious affairs.

5. Environmental considerations are highlighted, stressing the need to

balance development with environmental conservation.

6. The petitioner advocates for a fair procedure in decision-making, citing the

right to a fair trial under Article 21 of the Constitution.

7. Vallalar's legacy is underscored, emphasizing the importance of

preserving his teachings as part of India's religious and cultural heritage.

8. The affidavit suggests involving stakeholders in public hearings to address

concerns raised by devotees and the community.

9. Relevant cases and constitutional provisions are cited to support the

petitioner's arguments, including Shirur Mutt vs. Commissioner and N.

Adithayan v. Travancore Devaswom Board.

10. The petitioner seeks to explore alternative locations for the proposed

construction in accordance with Government Order No: 361 dated 5/10/2023.

11. Concerns about the potential impact of construction on the spiritual

sanctity of Vadalur are highlighted.

12. The affidavit emphasizes the need to preserve the tranquility of the

Gnana Sabhai, a revered space cherished by devotees.

13. Legal documentation regarding land donation, hereditary management,

and recognition of ownership is presented to support the petitioner's claims.


14. The petitioner seeks an interim direction for a public hearing to involve

all stakeholders, including local residents.

15. The affidavit calls for a comprehensive report from the State Level Expert

Committee regarding the Shri Ramalinga Swami temple's conservation and

recognition as a heritage site.

16. The petitioner stresses the importance of upholding fundamental rights,

environmental protection, and cultural heritage preservation.

17. Challenges posed by encroachments on initially donated land and

concerns about the proposed campus design are highlighted.

18. The affidavit seeks a writ of mandamus to consider the petitioner's

representation and uphold principles of justice and equity.

19. The petitioner undertakes to bear any costs incurred and assures that

the petition is filed in good faith without personal gain or ulterior motives.

20. The affidavit concludes with a plea for the court to issue necessary

orders to safeguard the sanctity of Vadalur and uphold principles of justice.

Dated at Chennai on this of March, 2024

Counsel for Petitioner

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