Madras High Court: In a petition filed,
seeking the writ of mandamus, directing the State of Tamil Nadu to construct a
‘Bharat Mata’ temple upon the lands belonging to a revered freedom fighter, the
Division Bench of S.K. Kaul, C.J. and T. Sivaganam, J., scrutinized the
significant delay in the construction of the temple, and directed the Chief Secretary
of Tamil Nadu for the critical examination of the representations made by the
petitioner and pass a reasoned order within two months from the date of the communication
of the order.
In the present case, the petitioner via Senior Counsel R. Gandhi contended
the massive delay in the construction of Bharat Mata temple on lands purchased
by a freedom fighter and presently under the control of the State Government.
The temple was the brainchild of the revered freedom fighter Subramaiya Siva
and was conceived in order to depict the unity, diversity and integrity of India, but the
anticipated project could not materialize due to the imprisonment and
ill-health of freedom fighter. The counsel for the State V.R. Kamalanathan put forth that, at present land houses the memorial hall of
The Court found it hard to believe the significant gap of
implementation of aforesaid project. The Court further observed that, the
project could have been carried out either by Government funding or from
contributory measures by willing residents. Nonetheless, the Court expressed
its consent on the reasoning behind the construction of Bharat Mata temple,
calling this measure admissible and admirable in framing unity and
correspondence over divisive agendas of damaging caste and religion. [Kumari Anandan v.
State of Tamil Nadu, decided on 19.06.2015]
Source: Legal news India