High Court · 2025

WP No. 35330 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19-09-2025CORAMTHE HONOURABLE MR JUSTICE M.DHANDAPANIWP No. 35330 of 2025and WMP NO. 39550 OF 2025K.NallathambiPetitioner(s)Vs1. The CommissionerHindu Religious And Charitable And Endowment (HR & CE), Nungambakkam, Chennai 600 034.2.The Joint DirectorHindu Religious And Charitable And Endowment, Kottaimariamman Temple Compound, Slame 636 001, Salem District.3.The Assistant Commissioner,Hindu Religious And Charitable And Endowment (HR & CE), Salem 636 002 Salem District.4.The Fit Person / Executive OfficerArulmigu Annammar Swamy Temple, At O/o Arulmigu Someswarer And Chennakesava Perumal Temple, Sangagiri 636 601. Salem District.1 https://www.mhc.tn.gov.in/judis WP No. 35330 of 2025Respondent(s)PRAYER: The writ petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to dispose of the Representation of the petitioner dated 22.07.2025 with regard to cancellation of the petitioner dated 22.07.2025 with regard to cancellation of Thirupani permission dated 18.06.2025 issued by the 2nd respondent.For Petitioner(s): Mr.M.R. JothimanianFor Respondents: Mr.S.Ravichandran, AGP (HR & CE) RR1 to 3ORDER This writ petition has been filed seeking a direction to the 1st respondent to dispose of the Representation of the petitioner dated 22.07.2025 with regard to cancellation of Thirupani permission dated 18.06.2025 issued by the 2nd respondent.2. It is the case of the petitioner that the petitioner's Kuladeivam Temple viz., Arulmighu Annammar Temple (hereinafter referred to as the Temple) is situated at Kottavarudhampatti Village, Sangagiri Taluk, Salem District and the said temple is an ancient temple which is nearly 200 years and also nearly 1500 families are worshipping in the said temple. The Kuladeivam temple festival was celebrated on 09.03.2015 and 10.03.2015 with police protection. Subsequently, the said temple was renovated and constructed few idols in the temple compound with the help of the petitioner's Pangalis and therefore, the https://www.mhc.tn.gov.in/judis WP No. 35330 of 2025petitioner had to perform Kumbabishegam in the year 2020. Due to covid-19 pandemic, no kumbabishegam was performed as per dates fixed by them. While so, one Ponnusamy and group of persons gathered and damaged the idols of temple, buildings and CCTV cameras on 17.10.2020 and 22.10.2020. Therefore, the petitioner made a police complaint to the respondent Police on 22.10.2020 and the police have registered CSR and the same is pending. The Revenue Divisional Officer has convened peace committee meeting and denied permission to perform Kumbabishegam of the Temple. Thereafter, the accused persons have damaged the idols which were kept in the temple. 3. It is the further case of the petitioner that the petitioner has approched this Court in Crl.OP.No.12813 of 2025 to direct the idol wing, CID to investigate the case in Cr. No.86 & 97 of 2021 and file final report. This Court, vide its order dated 24.04.2025, disposed of the same with certain directions. However, no steps have been taken by the authorities and the temple administration has been entrusted to the HR & CE Department. 4. The temple is a private temple, but now the temple is under the control of the 4th respondent due to law and order issues. The criminal cases are pending for damaging and stealing the idols, but the 4th respondent has colluded with the accused persons and acted against the interest of the temple. The accused persons have made an application before the second respondent for Thirupani, as if they are interested to protect the temple, and the same was accepted by the https://www.mhc.tn.gov.in/judis WP No. 35330 of 2025second respondent by granting permission vide order dated 18.06.2025. But the permission granted by the second respondent is illegal and the 4th respondent has colluded with the accused persons. Hence, the petitioner has filed the present writ petition with the above said prayer. 5. The learned counsel for the petitioner submitted that the this Court may issue a direction to the fit person to take action against the persons, who have damaged the idol and who were causing disturbance for the conduct of Thirupani. Further, this Court may direct the Executive Officer and Assistant Commissioner to receive the donation from the petitioner group and the rival group, for renovation of the temple and for performing Kumbhabhishegam of the temple. 6. The learned Additional Government Pleader appearing for the official respondents submitted that the second respondent granted permission for renovation of the compound wall to one Thangaraj, Nallathambi, Chadran and Ashok. However, there is no criminal case against the above persons. There is a criminal case pending against one Ashok S/o Subramani. However, a detailed enquiry will be conducted in respect of damaging the idols. The respondents will take effective steps to reach a consent between the two groups for performing Thirupani. The rival groups have paid a sum of Rs.5,40,000/- towards donation. If the petitioner wants to give any donation, the same will be used for Thirupani and Kumbhabhishegam by the competent person. https://www.mhc.tn.gov.in/judis WP No. 35330 of 20257. This Court has heard the submissions made on either side and perused the materials available on record.8. On going through the submissions made on either side, it is clear that there is a dispute between two groups with regard to perform Thirupani and Kumbhabhishegam for the temple. According to the petitioner, they are ready to contribute money to perform Thirupani and Kumbhabhishegam. The opposite group has already paid the contribution. 9. In order to maintain peace and smooth functioning of Kumbhabhishegam, this Court passed the following order:The petitioner along with his group is directed to pay a sum of Rs.5,50,000/- to the second respondent towards contribution. Upon receipt of the said amount, the second respondent is directed to convene the joint meeting of the petitioner group and the opposite group and fix a date for performing Kumbhabhishegam. If the compromise is not arrived at between the parties, the second respondent shall conduct kumbhabhishegam in a grand manner. https://www.mhc.tn.gov.in/judis WP No. 35330 of 202510. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.19-09-2025RliNote: Issue order copy on 22.09.2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 35330 of 2025To1.The CommissionerHindu Religious And Charitable And Endowment (hr And Ce), Nungambakkam Chennai 600 0342.The Joint DirectorHindu Religious And Charitable And Endowment (hr And Ce), Kottaimariamman Temple Compound, Slame 636 001 Salme District3.The Assistant CommissionerHindu Religious And Charitable And Endowment (hr And Ce), Salem 636 002 Salme District4.The Fit Person / Executive OfficerArulmigu Annammar Swamy Temple, At O/o Arulmigu Someswarer And Chennakesava Perumal Temple, Sangagiri 636 601 Salem District https://www.mhc.tn.gov.in/judis WP No. 35330 of 2025M.DHANDAPANI J.rliWP No. 35330 of 202519-09-2025