From 'The Hindu' Monday 3rd. October
NEW DELHI: The Supreme Court on Monday set aside a judgment of the Madras High Court framing a 'scheme' for providing facilities to devotees visiting the Arunachaleswarar temple at Tiruvannamalai for performing 'Girivalam' and for its proper maintenance.
Under the scheme, three committees had been ordered to be appointed with powers to regulate free 'giri pradhakshinam,' besides power to levy and collect fees on festival days, namely 'full moon' days and other occasions when devotees perform 'Girivalam.'
A three-Judge Bench, comprising Justice Y.K. Sabharwal, Justice S.H. Kapadia and Justice C.K. Thakker, set aside the May 2001 order of the High Court while allowing special leave petitions filed by the Tamil Nadu Government and the Tiruvannamalai Municipality.
On behalf of the Municipality, senior counsel Kailash Vasudev and T. Harish Kumar informed the court that they had a scheme to maintain and protect the temple and remove encroachments along the Girivalam path.
They said development plans and master plans had been drawn up for the town as a whole and the temple in particular. The Municipality would ensure that no unauthorised construction is permitted.
It had taken up extensive afforestation efforts. Assailing the High Court order, they said it encroached on the Municipality's activities.
In its earlier affidavit, the Centre had stated that pursuant to the September 2002 notification to take over the temple after declaring it as a national monument, a number of objections had been received and there had been widespread agitations by residents of the town, devotees and others. Considering the objections, the notification was withdrawn.
The Bench said since the plan suggested by the Municipality was acceptable to all, it may be implemented.
When the court was informed that T.S. Arunachalam, former officiating Chief Justice of the Madras High Court, had expressed inability to be on the committee, it asked the parties concerned to get the consent of either K. Venkataswami or D. Raju, former Supreme Court judges, who could advise the Municipality on implementation of the proposals.