Madrasdated High Court · 2025

W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025disposal of the above writ petition.For Petitioner:Ms.Nalini ChidambaramSenior counsel instructed by Ms.Uma (Assisted by Mr. R. Venkata Varathan)For RR 1 to 3:Mr. T.K. SaravananAdd. Govt. PleaderFor R4:Mr. C. MunusamyFor RR 5 to 7 & R8:Mr. S. RavichandranAddl. Govt. Pleader ( HR & CE)ORDER(Order of the Court was made by M.SUNDAR, J.)This consent order will now dispose of the captioned 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity].2. The writ petitioner Thiru.M.Ramesh, son of Thiru. Muthukrishnan, represented by counsel on record Ms.C.Uma, led by Ms.Nalini Chidambaram, learned Senior Advocate (assisted by Mr. R. Venkata Varathan), Mr.T.K.Saravanan learned 'Additional Government Pleader' ['AGP'] for R1 to R3, Mr.Kuppusamy, son of Mr.Rajavel (who is being referred to as R4 for the sake of convenience), represented by counsel on Page Nos.3/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025record Mr.C.Munusamy, Mr.S.Ravichandran, learned AGP (HR & CE) for R5 to R7 are before us in physical Court and Ms.Vishnu Priya, Daughter of Thiru.Selvaraj (R2) has joined us on the 'VC' ['Videoconferencing'] platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court.3. In the light of our earlier proceedings dated 06.08.2025, we deem it appropriate to add Fit Person of said temple as R8 and Mr.S.Ravichandran, learned AGP accepts notice for R8 also.4. This order shall be read in conjunction with and in continuation of earlier proceedings / orders dated 04.08.2025 and 06.08.2025 made in captioned main WP and WMP thereat, which read as follows:Proceedings/Orders dated 04.08.2025'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.08.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE T.VINOD KUMARW.P.No.28737 of 2025 and W.M.P. No.32182 of 2025Page Nos.4/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025M.Ramesh... Petitionervs.1. The District Collector Collectorate Gundu Salai Road Majakuppam Cuddalore - 607 0012. The Revenue Divisional Officer Virudhachalam Taluk, Cuddalore Cuddalore District - 606 0013. The Tahsdilar Virudhachalam Taluk Cuddalore Cuddalore District - 606 0014. Mulukkandi Vagaiyara Represented by Mr.Kuppusamy S/o.Rajavel West Street, Vadakiruppu Village Iruppur Post, Virudhachalam Taluk Cuddalore District5. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai - 346. The Joint Commissioner Hindu Religious and Charitable Endowments Department Cuddalore District7. The Assistant CommissionerPage Nos.5/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025 Hindu Religious and Charitable Endowments Department Cuddalore District ...Respondents (R5 to R7 suo motu impleaded vide this order)Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondents 1 to 3 to remove the encroachment and demolish any construction work thereon in Survey Nos.210/8 and 210/9 situate at Iruppu Village, Virudhachalam Taluk, Cuddalore District within the time limit to be fixed by this Court and consequently forbear Respondents 1 to 3 from granting any permission to conduct Kumbabishekam to be held on 08.08.2025 or any other date for the newly constructed temple in Survey Nos.210/8 and 210/9 situate at Iruppu Village, Virudhachalam Taluk, Cuddalore District.For Petitioner:Ms.Nalini Chidambaram, Sr. Counselfor Ms. C. Umaassisted by Mr. R. Venkata Varathan For RR 1 to 3:Mr. T.K. SaravananAdd. Govt. PleaderFor R4:Mr. C. MunusamyFor RR 5 to 7:Mr. S. RavichandranAddl. Govt. Pleader ( HR & CE)ORDERPage Nos.6/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025[Order of the Court made by M.SUNDAR, J.]Subject matter of captioned main 'Writ Petition' ['WP' for the sake of brevity] is 'Survey Nos.210/8 and 210/9, both in Iruppu Village, Virudhachalam Taluk, Cuddalore District' [hereinafter 'said lands' for the sake of convenience and clarity]. 2. Ms.Nalini Chidambaram, learned Senior Counsel appearing on behalf of learned counsel on record for writ petitioner, assisted by Mr.R.Venkata Varathan, learned counsel, submits that writ petitioner has patta lands in 'S.Nos.210/4 and 210/7A in Iruppu Village, Virudhachalam Taluk, Cuddalore District' [hereinafter 'writ petitioner's lands' for the sake of convenience and clarity].3. It is submitted by learned Senior Counsel that a temple 'Arulmighu Sri Vinayagar, Sri Murugan, Sri Saivakaliamman and other accompanying deities temple at Vadakiruppu Village, Virudhachalam Taluk, Cuddalore District' (hereinafter 'said temple for the sake of brevity and convenience) that is being put up in said lands is completely obstructing writ petitioner's access to writ petitioner's lands. Repeated representations to official respondents, including representation dated 22.02.2025 have not yielded results necessitating captioned main WP, is learned Senior Counsel's further say.4. Issue notice to official respondents (respondents 1 to 3).5. Mr.T.K.Saravanan, learned Additional Government Page Nos.7/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Pleader accepts notice for respondents 1 to 3 and Mr.C.Munusamy [(Enrolment No.892/98) with address for service at 451, Additional Law Chambers, High Court, Chennai - 600 104 - Mob: 98412 49010], who is present in Court, accepts notice for fourth respondent.6. Considering the nature of construction, we deem it appropriate to suo motu implead the following officials as respondents 5 to 7:i.The CommissionerHindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi SalaiNungambakkamChennai - 600 034ii.The Joint CommissionerHindu Religious and Charitable Endowments DepartmentCuddalore Districtiii.The Assistant CommissionerHindu Religious and Charitable Endowments DepartmentCuddalore District7.Mr.S.Ravichandran, learned Additional Government Pleader (HR & CE), accepts notice for newly impleaded respondents, viz., respondents 5 to 7.8.After hearing all the counsel for sometime, it comes to light that the crux and gravamen of the issue is, whether said temple in said lands is completely obstructing access to writ petitioner's lands. To ascertain this position and also in the light Page Nos.8/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025of 'The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity], more particularly sub-section (3) of Section 1 thereat, the following shall be done:i) Tomorrow (05.08.2025) at 11.00 a.m., second respondent (Revenue Divisional Officer), with the assistance of third respondent (Tahsildar) and jurisdictional Surveyor, shall conduct a survey of said lands and writ petitioner's lands in the presence of writ petitioner as well as 'Mr.Kuppusamy, son of Mr.Rajavel' ('fourth respondent' for the sake of convenience and clarity) and seventh respondent and draw up a report;ii) The report of second respondent shall specifically advert to the question as to whether said temple in said lands is completely obstructing access to writ petitioner's lands and whether it is a new construction or renovation, and if it is renovation, period for which the temple had been in existence; iii) Writ petitioner and fourth respondent are present in Court instructing their respective counsel and they agree for the joint survey;iv) This Court makes it clear that writ petitioner and fourth respondent shall remain present throughout the survey;v) In the interregnum, it is open to seventh respondent to appoint a Fit Person for said temple under Section 49 of TN HR & CE Act;vi) The afore referred report shall be placed before this Court day-after-tomorrow (06.08.2025).9.List on 06.08.2025. (M.S., J.) (T.V.K., J.)Page Nos.9/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025 04.08.2025'Proceedings/order dated 06.08.2025'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.08.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE T.VINOD KUMARW.P.No.28737 of 2025 and W.M.P. No.32182 of 2025M.Ramesh ... Petitionervs.1. The District Collector Collectorate Gundu Salai Road Majakuppam Cuddalore - 607 0012. The Revenue Divisional Officer Virudhachalam Taluk, Cuddalore Cuddalore District - 606 0013. The Tahsdilar Virudhachalam Taluk Cuddalore Cuddalore District - 606 0014. Mulukkandi Vagaiyara Represented by Mr.Kuppusamy S/o.Rajavel West Street, Vadakiruppu Village Iruppur Post, Virudhachalam TalukPage Nos.10/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025 Cuddalore District5. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai - 346. The Joint Commissioner Hindu Religious and Charitable Endowments Department Cuddalore District7. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Cuddalore District ...Respondents (R5 to R7 suo motu impleaded vide this order)Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondents 1 to 3 to remove the encroachment and demolish any construction work thereon in Survey Nos.210/8 and 210/9 situate at Iruppu Village, Virudhachalam Taluk, Cuddalore District within the time limit to be fixed by this Court and consequently forbear Respondents 1 to 3 from granting any permission to conduct Kumbabishekam to be held on 08.08.2025 or any other date for the newly constructed temple in Survey Nos.210/8 and 210/9 situate at Iruppu Village, Virudhachalam Taluk, Cuddalore District.For Petitioner:Mr. R. Venkata Varathan For RR 1 to 3:Mr. T.K. SaravananAdd. Govt. PleaderFor R4:Mr. C. MunusamyFor RR 5 to 7:Mr. S. RavichandranAddl. Govt. Pleader ( HR & CE)Page Nos.11/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025ORDER(Order of the Court was made by M.SUNDAR, J.)Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 04.08.2025, which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.08.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE T.VINOD KUMARW.P.No.28737 of 2025 and W.M.P. No.32182 of 2025M.Ramesh... Petitionervs.1. The District Collector Collectorate Gundu Salai Road Majakuppam Cuddalore - 607 0012. The Revenue Divisional Officer Virudhachalam Taluk, Cuddalore Cuddalore District - 606 0013. The Tahsdilar Virudhachalam Taluk CuddalorePage Nos.12/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025 Cuddalore District - 606 0014. Mulukkandi Vagaiyara Represented by Mr.Kuppusamy S/o.Rajavel West Street, Vadakiruppu Village Iruppur Post, Virudhachalam Taluk Cuddalore District5. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai - 346. The Joint Commissioner Hindu Religious and Charitable Endowments Department Cuddalore District7. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Cuddalore District ...Respondents (R5 to R7 suo motu impleaded vide this order)Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondents 1 to 3 to remove the encroachment and demolish any construction work thereon in Survey Nos.210/8 and 210/9 situate at Iruppu Village, Virudhachalam Taluk, Cuddalore District within the time limit to be fixed by this Court and consequently forbear Respondents 1 to 3 from granting any permission to conduct Kumbabishekam to be held on 08.08.2025 or any other date for the newly constructed temple in Survey Nos.210/8 and 210/9 situate at Iruppu Village, Virudhachalam Taluk, Cuddalore District.Page Nos.13/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025For Petitioner:Ms.Nalini Chidambaram, Sr. Counselfor Ms. C. Umaassisted by Mr. R. Venkata Varathan For RR 1 to 3:Mr. T.K. SaravananAdd. Govt. PleaderFor R4:Mr. C. MunusamyFor RR 5 to 7:Mr. S. RavichandranAddl. Govt. Pleader ( HR & CE)ORDER[Order of the Court made by M.SUNDAR, J.]Subject matter of captioned main 'Writ Petition' ['WP' for the sake of brevity] is 'Survey Nos.210/8 and 210/9, both in Iruppu Village, Virudhachalam Taluk, Cuddalore District' [hereinafter 'said lands' for the sake of convenience and clarity]. 2. Ms.Nalini Chidambaram, learned Senior Counsel appearing on behalf of learned counsel on record for writ petitioner, assisted by Mr.R.Venkata Varathan, learned counsel, submits that writ petitioner has patta lands in 'S.Nos.210/4 and 210/7A in Iruppu Village, Virudhachalam Taluk, Cuddalore District' [hereinafter 'writ petitioner's lands' for the sake of convenience and clarity].3. It is submitted by learned Senior Counsel that a temple 'Arulmighu Sri Vinayagar, Sri Murugan, Sri Saivakaliamman and other accompanying deities temple at Vadakiruppu Village, Virudhachalam Taluk, Cuddalore District' (hereinafter 'said temple for the sake of Page Nos.14/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025brevity and convenience) that is being put up in said lands is completely obstructing writ petitioner's access to writ petitioner's lands. Repeated representations to official respondents, including representation dated 22.02.2025 have not yielded results necessitating captioned main WP, is learned Senior Counsel's further say.4. Issue notice to official respondents (respondents 1 to 3).5. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for respondents 1 to 3 and Mr.C.Munusamy [(Enrolment No.892/98) with address for service at 451, Additional Law Chambers, High Court, Chennai - 600 104 - Mob: 98412 49010], who is present in Court, accepts notice for fourth respondent.6. Considering the nature of construction, we deem it appropriate to suo motu implead the following officials as respondents 5 to 7:i. The CommissionerHindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi SalaiNungambakkamChennai - 600 034ii. The Joint CommissionerHindu Religious and Charitable Endowments DepartmentCuddalore Districtiii. The Assistant CommissionerHindu Religious and Charitable Endowments DepartmentCuddalore District7.Mr.S.Ravichandran, learned Additional Government Pleader (HR & CE), accepts notice for newly impleaded respondents, Page Nos.15/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025viz., respondents 5 to 7.8.After hearing all the counsel for sometime, it comes to light that the crux and gravamen of the issue is, whether said temple in said lands is completely obstructing access to writ petitioner's lands. To ascertain this position and also in the light of 'The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity], more particularly sub-section (3) of Section 1 thereat, the following shall be done:i) Tomorrow (05.08.2025) at 11.00 a.m., second respondent (Revenue Divisional Officer), with the assistance of third respondent (Tahsildar) and jurisdictional Surveyor, shall conduct a survey of said lands and writ petitioner's lands in the presence of writ petitioner as well as 'Mr.Kuppusamy, son of Mr.Rajavel' ('fourth respondent' for the sake of convenience and clarity) and seventh respondent and draw up a report;ii) The report of second respondent shall specifically advert to the question as to whether said temple in said lands is completely obstructing access to writ petitioner's lands and whether it is a new construction or renovation, and if it is renovation, period for which the temple had been in existence; iii) Writ petitioner and fourth respondent are present in Court instructing their respective counsel and they agree for the joint survey;iv) This Court makes it clear that writ petitioner and fourth respondent shall remain present throughout the survey;v) In the interregnum, it is open to seventh respondent to appoint a Fit Person for said temple under Section 49 of TN HR & CE Act;vi) The afore referred report shall be placed before this Court day-after-tomorrow (06.08.2025).Page Nos.16/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 20259.List on 06.08.2025. ' (M.S., J.) (T.V.K., J.) 04.08.2025'2. Today, Mr.R.Venkatavarathan, learned counsel for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for Respondents 1 to 3, Mr.S.Ravichandran, learned Additional Government Pleader for Respondents 5 to 7 and Mr.C.Munusamy, learned counsel for fourth respondent are before us.3. Adverting to our earlier proceedings/orders dated 04.08.2025, all the learned counsel submit that Survey, as directed, has since been conducted by R2 in the presence of all concerned. This submission is recorded.4. Mr.T.K.Saravanan, learned Additional Government Pleader requests for a short accommodation to place the survey outcome in the form of a report of R2 before us tomorrow.5. Be that as it may, Mr.S.Ravichandran, learned Additional Government Pleader (HR & CE) submits that Executive Officer of 'Arulmigu Viruthagireeshwarar Thirukoil, Virudhachalam Taluk, Cuddalore District' [hereinafter 'said main temple' for the sake of convenience and clarity] has since been appointed as Fit Person for said temple by R7 vide order dated 05.08.2025 bearing reference br/K/E e/f/vz;/3383/2025/m1.6. Learned State counsel requested for a short accommodation to get instructions regarding distance between said main temple and said temple.7. Let Fit Person start discharging his duties.Page Nos.17/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 20258. Learned Additional Government Pleader by his own volition has circulated a communication dated 05.08.2025 bearing reference e/f/m4/1741/2025 from R2 to the State counsel regarding survey and outcome of the survey.9. List tomorrow in the Admission Board i.e., Motion List.List on 07.08.2025.(M.S., J.) (T.V.K., J.) 06.08.2025' 5. The aforesaid two proceedings / orders shall now be read as integral part and parcel of this order.6. This also means that the short forms, abbreviations and short references used in the aforesaid proceedings / orders shall continue to be used in the instant order too.7. Pursuant to earlier orders, learned AGP has placed before us a report from second respondent dated 05.08.2025 along with typed-set of papers dated 07.08.2025 containing 'A' Register, FMB Sketch, Minutes of Survey and photographs (photographs taken in a GPS Map camera i.e., Global Positioning System). 8. Broadly stated, the following points emerge from report, annexure Page Nos.18/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025in the form of typed-set and the submissions made before us:i) writ petitioner's lands are patta lands belonging to the writ petitioner;ii) said lands are public lands, one parcel of said lands i.e., S.No.210/8 admeasuring 0.11.50 Hectares is pathway and the other parcel of said lands, namely 210/9 admeasuring 0.50.00 Hectares is Thoppu (grove); iii) There is encroachment in said lands and the encroachers are writ petitioner, writ petitioner's brother Mr.M.Suresh, said temple and eight other individuals, the details of which have been set out inter-alia by way of a legend/key to the FMB sketch forming part of afore-referred typed-set of papers dated 07.08.2025;iv) As regards said temple, a part of which appears to be a mandapam is an encroachment; Page Nos.19/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025v) We deem it appropriate to extract and reproduce the report of second respondent dated 05.08.2025, alluded to supra and scanned reproduction of the same is as follows:Page Nos.20/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Page Nos.21/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Page Nos.22/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Page Nos.23/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Page Nos.24/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Page Nos.25/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025Page Nos.26/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 20259. The writ petitioner, fourth respondent and seventh respondent confirm that they were present throughout the survey, writ petitioner, Respondents 4 and 5 to 8 submit that they have no objection to the afore-referred report of second respondent dated 05.08.2025 and that they accept the same. This submission is recorded as an undertaking given to this Court by all concerned. 10. In the light of the narrative thus far, we are of the considered view that Kumbabishekam festival scheduled to be held on 08.08.2025 (tomorrow) qua said temple (which is sought to be interdicted vide captioned WMP) can go on as fourth respondent as well as Respondents 5 to 8 very fairly submit that no rights will be claimed by them / said temple by virtue of the Kumbabishekam festival tomorrow when it comes to 'Removal of Encroachment' ['RoE'] proceedings qua said lands or in any other manner. To be noted, as already alluded to supra, writ petitioner as well as fourth respondent are present in Court.11. We have also taken note of the apprehension of second respondent that allowing the Kumbabishekam Festival to go on tomorrow can lead to claim of vested rights and dislodging the same will be a task by itself, if RoE Page Nos.27/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025is to happen. We find this apprehension to be fair from the Executive/Administrative point of view but this Court is of the considered view that the fair stand taken by fourth respondent as well as writ petitioner coupled with obtaining position that eighth respondent is now the Fit Person (eighth respondent is in the helms of affairs qua said temple) for said temple and TN HR & CE Act comes into play, we find that the common undertaking that no one will claim vested rights or equities (which obviously includes TN HR & CE Department which now controls said temple) will suffice.12. In any event, RoE if any and if that be so, will be subject to outcome of the main WP where we will be requisitioning a joint report from Respondents 1, 2 and 6 after consultations with all stake holders as regards RoE measures, to retain the temple after removing the encroached part alone or come up with any other alternate suggestion. 'All Stake holders' will necessarily include the writ petitioner. 13. Before we write the operative portion of this order, we deem it appropriate to write that entire eco-system and architecture of TN HR & CE Act and public temple has been elucidatively explained by this Court vide Page Nos.28/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025order dated 25.06.2025 in W.P.No.13831 of 2022 (M.K.Gandhi Vs. The District Collector, Salem and others) reported in Neutral Citation 2025:MHC:1668. Relevant paragraphs are Paragraphs 13 to 21 and the same read as follows:'13. TN HR & CE Act, which received Presidential assent on 19.11.1959, kicked in (came into force) on and from 01.01.1960 (vide a notification dated 16.12.1959 notified in Fort St. George Gazette dated 16.12.1959 made under Section 1(4)(a). To be noted, sub section (4) of section 92 insofar as it relates to consultative committees and sub committees thereof and section 116(2)(xxi) did not kick in on 01.01.1960 and these two provisions were to come into force retrospectively on 28.11.1958 vide section 1(4)(b) of TN HR & CE Act.14. Prior to (Presidential assent) 19.11.1959, to be precise on 13.04.1959, the SoR (Statement of Objects and Reasons) qua TN HR & CE Act was published in the Fort St. George Gazette Extraordinary. A careful perusal of the SoR makes it clear that it was considered necessary to put in place a comprehensive Act which is applicable to all 'Hindu Public Religious institutions and endowments' except Incorporated and Unincorporated Devaswoms in Kanyakumari district and Shencottah taluk of Tirunelveli District. Suffice to say that the object of the TN HR & CE Act inter-alia is to make it applicable to all 'Hindu public religious institutions'. This part of the SoR has been codified vide sub section (3) of section 1 which makes it clear that TN Page Nos.29/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025HR & CE Act is applicable to all (a) Hindu public religious institutions, (b) endowments, (c) incorporated Devaswoms and (d) unincorporated Devaswoms. As regards these four categories, all four terms have been defined. (a)religious institution, (b) endowment, (c) incorporated Devaswoms and (d) unincorporated Devaswoms are defined vide sub sections (18), (17), (12) and (23) respectively, all of section 6 of TN HR & CE Act. 15. The definition of 'religious institutions' vide Section 6(18) makes it clear that it includes five categories of institutions, namely (a) math, (b) temple, (c) specific endowment, (d) samadhi and (e) brindhavan. While three are defined, two are explained. Math, Temple and specific endowment are defined vide sub sections (13), (20) and (19) of section 6, samadhi and brindhavan are explained vide Explanation (1) and (2) respectively of section 6(18).16. Therefore, it is clear that 'temple' is a 'religious institution', both of which are defined terms. The definition of temple vide section 6(20) makes it clear that a place of public religious worship which is dedicated to or which is for the benefit of, or used as of right by the Hindu community or of any section thereof as a place of public religious worship, is a temple irrespective of designation by which it is known. 17. There is no disputation before this court that 'Sri Varasithi Vinayagar Temple and Sri Sorna Ellai Kaliyamman Temple in Thookkanampatti village, Mettur Taluk, Salem District' Page Nos.30/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025which are collectively being referred to as 'said temples' are places of public religious worship inter-alia for the benefit of Hindu Community. Therefore, said temples snugly fit into the definition of 'temple' vide section 6(20). This in turn means that said temples are 'religious institutions' within the meaning of section 6(18). As already alluded to supra, TN HR & CE Act is applicable to all Hindu public religious institutions.18. The obtaining legal position of TN HR & CE Act applies to 'all' Hindu public religious institutions is buttressed by a careful perusal of Sections 3 and 4 of TN HR & CE Act. While section 3 deals with the power of the Government to extend TN HR & CE Act to charitable endowments, section 4 deals with the power of the Government to exempt any religious institution from the provisions of TN HR & CE Act or Rules thereunder. The above means that only with regard to charitable endowments, the Government has to extend all or any of the provisions of the Act and rules made thereunder if circumstances set out in section 3 comes into play. To be noted, 'charitable endowments' are different from 'temples' which are 'religious institutions'. As already alluded to supra, 'temple' is defined vide section 6(20) and 'religious institution' which is defined vide section 6(18) includes a temple but 'Charitable endowments' is defined separately vide section 6(5) which talks about property given or endowed for the benefit of Hindu or Jain communities or any section thereof for the support Page Nos.31/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025or maintenance of rest houses, choultries, patasalas, etc., 19. The above obtaining legal position which is clear as daylight from the ecosystem of TN HR & CE Act means that TN HR & CE Act per se applies to all Hindu public religious institutions which includes temples and as regards, charitable endowments, only if it is extended by the Government by way of notification vide section 3. It is clear from the legal architecture of the statute that absent exemption under section 4 or declaration that a temple is a private temple, irrespective of whether a religious institution (temple) finds place in the list to be published by the Commissioner of TN HR & CE Department under section 46 or not, it is a public temple under the sweep of the statute. The reason is TN HR & CE Act provides for appointment of trustees and Fit person for religious institutions (temples) which do not find place in section 46 list also. This is clear from section 49 which provides for jurisdictional Assistant Commissioner appointing Fit persons to religious institutions which are not included in section 46 list. If a temple find place in the list published by the Commissioner under section 46, the Government, Commissioner, Joint Commissioner / Deputy Commissioner are vested with powers to appoint Fit person/s pending constitution of Board of Trustees. If a temple does not find place in the list, the jurisdictional Assistant Commissioner will have power under section 49 to appoint Fit person. Page Nos.32/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 202520. The sum sequitur is, individuals cannot self style themselves as President, Secretary, Treasurer or Administrator of a temple by whatever name called de hors TN HR & CE Act unless there is exemption under section 4. Likewise, a Trust or any other entity cannot style itself to be in administration of a temple de hors TN HR & CE Act. If individuals have any hereditary right or other rights to be in management and administration of a temple, they have to resort to various provisions under Chapter V of TN HR & CE Act and obtain suitable orders from the quasi judicial authority. 21. Therefore, absent exemption under Section 4 or any decree from a Civil Court to the effect that a temple is a private temple, said TN HR & CE Act would apply. In this view of the matter, as there is no material before us to demonstrate that said temples are private temples, though there is an averment in the aforementioned support affidavit that said temples are private temples, we deem it appropriate to suo motu implead the following officials as RR8 to 10 respectively:(i) The CommissionerHindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi SalaiNungambakkam, Chennai 600 034(ii)The Joint CommissionerHindu Religious and Charitable Endowments DepartmentKottai Mariamman Temple ComplexSalem 636 001Page Nos.33/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025(iii) The Assistant CommissionerHindu Religious and Charitable Endowments DepartmentKottai Mariamman Temple ComplexSalem 636 001Mr.K.Karthikeyan, learned Government Advocate, accepts notice on behalf of newly impleaded RR8 to 10 and also consents for having the main WP heard out.' 14. To be noted, in M.K.Gandhi case supra, as reported in the neutral citation, minor typographical/secretarial errors have crept in in Paragraphs 13 and 14 and the same have been corrected (errors removed) in the aforementioned passages and therefore, Paragraphs 13 and 14 shall not be strictly construed as extracts.15. Before concluding, as already alluded to supra, we reiterate that order in this WMP is a consent order.Captioned WMP disposed of as closed in the aforesaid manner making it clear that the Kumbabishekam festival scheduled to be held tomorrow (08.08.2025) can go on but subject to caveats, riders set out supra and stated consenting position of parties recorded as undertaking given to Page Nos.34/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025this Court supra. There shall be no order as to costs.(M.S., J.) (T.V.K., J.) 07.08.2025gpa/vvkTo1. The District Collector Collectorate Gundu Salai Road Majakuppam Cuddalore - 607 0012. The Revenue Divisional Officer Virudhachalam Taluk, Cuddalore Cuddalore District - 606 0013. The Tahsdilar Virudhachalam Taluk Cuddalore Cuddalore District - 606 0014. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai - 345. The Joint Commissioner Hindu Religious and Charitable Endowments Department Cuddalore DistrictPage Nos.35/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 20256. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Cuddalore District 7. The Executive Officer Arulmigu Viruthagireeshwarar Thirukoil Virudhachalam Taluk Cuddalore DistrictPage Nos.36/37 https://www.mhc.tn.gov.in/judis W.M.P. No.32182 of 2025 in W.P.No.28737 of 2025M.SUNDAR, J.andT.VINOD KUMAR, J.gpa/vvkW.M.P. No.32182 of 2025inW.P.No.28737 of 2025 07.08.2025(1/2)Page Nos.37/37