High Court · 2025

W.P.No.47357 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-12-2025CORAMTHE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW . P . No. 47357 of 2025 1. G.Arvinda LochananS/o.R.K.Govindan, 5e Bharat Ganga Apartments, Mahalakshmi Nagar, 4th Cross Street Adambakkam-600 088.... PetitionerVs.1. The Commissioner HR And CE,Office Of The Commissioner, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam,Chennai-600 024.2.The Joint CommissionerHRCE Mayiladuthruai, Joint Commissioners Office, Sambandar Sannathi Street, Mayiladuthurai West, Tamil Nadu-609 003.3.The Executive OfficerArulmigu Venkatachalapathy Swamy Koil Oppiliappan Koil, Thirunageswaram, Kumbakonam Taluk, Tamil Nadu-612204.4.Board Of TrusteesArulmigu Venkatachalapathy Swamy Koil Oppiliappan Koil, Thirunageswaram, Kumbakonam, Taluk, Tamil Nadu-612204.... Respondents https://www.mhc.tn.gov.in/judis W.P.No.47357 of 2025PRAYER : Writ Petition filed under Article 226 of Constitution of India, directing the 1st respondent to dissolve the 4th respondent (board of Trustees) and consequently entrust the Administration, control and management of the Arulmigu Venkatachalapathy Swamy koil Oppiliappan Koil temple to an Adhoc Managing Committee with a direction to the Adhoc committee to address the audit objections mentioned from the year 2008 onwards within a time frame to be stipulated by this Honourable court, the Adhoc committee may consist of any persons appointed by this Honourable court or in the alternative his honourable court may appoint a) a retired judge of this Honourable court to act as the Chairman of the Adhoc committee and to supervise the temple and its activities, b) a representative from the hereditary Vaikhanasa Archakar Families who have the knowledge of customs and usages required for the religious practices and administration of the temple, c) a representative of the Thanajvur place Devasthanam to assist the chairman in managing the day to day financial and administration affairs of the temple.For Petitioner:Mr.Susanna PrabhuFor Respondents: Mr.N.R.R.Arun Natarajan,Special Government Pleader, (HR&CE)for 1 to 4ORDERThis Writ Petition has been filed by a devotee of Arulmigu Venkatachalapathy Swamy Temple, commonly known as Oppiliappan Temple located at Thirunageswaram, Kumbakonam. https://www.mhc.tn.gov.in/judis W.P.No.47357 of 20252. Upon perusing the affidavit and the records filed along with the writ petition and after hearing the learned counsel for the petitioner, the grievance of the petitioner is that there is an existing Board of Trustees managing the temple in fact while undertaking audit, serious infirmities were pointed out in the audit report. Even the jewels that adorn the deity are either improperly maintained or being tampered with. The income of the temple is also being frittered away. The Demand and Collection Register and other relevant records are not properly maintained. Certain tenants in respect of immovable property are also not paying the rent to the temple. The details of the discrepancies noticed with reference to gold, precious stones and other valuables of the temple are also mentioned in the affidavit. It is the further contended by the petitioner that there is unauthorised payment of bonus.3. In view of all the above, when the Temple is much followed and worshipped Temple, it is also a denomination temple, it is just a necessary that the Temple is maintained and administered properly and the income augmented for the benefit and purposes of the temple. For the aforesaid reasons, the prayer that is sought in the writ petition is to dissolve the Board of Trustees and to appoint a Retired Judge of this Court, along with representatives from the denomination and from the Thanjavur Palace Devasthanam, to administer the temple. https://www.mhc.tn.gov.in/judis W.P.No.47357 of 20254. Per contra, Learned Special Government Pleader submits that certain defects that are pointed out in the audit report was considered by the Department. The Department is also interested in the affairs of the temple being run in a proper manner. If the petitioner brings to the notice of the Joint Commissioner, with reference to any misfeasance or malfeasance, the orders will be duly passed after conducting an enquiry under Section 26 read with Section 53 of the Act.5. In reply thereof, the learned counsel for the petitioner would submit the instant problem is not the one where this Court should relegate the petitioner to the authorities. On the other hand, the fact situation requires different course, as prayed for in the writ petition. When the properties of the temple are not maintained and even the conduct of the daily poojas and the affairs of the temple are dwindling day by day, an emergency remedial is necessitated for this Court to interfere and grant reliefs both temporary and permanent so that the properties of the temple are properly maintained and safeguarded, the usual and regular prayers, poojas, festivals and the method of worship are conducted meticulously to the deity and the worshippers are benefited. https://www.mhc.tn.gov.in/judis W.P.No.47357 of 20256. I have considered the rival submissions made on either side and perused the material records of case.7. It can be seen that even a criminal case is pending with reference to the gold items of the temple. It is further stated that eviction proceedings are taken under Section 78 of the Act in respect of the tenants who are not paid the rent. Encroachment removal proceedings is also being carried on. The Hundials are opened only in the presence of the Commissioner and as per the procedure. In that background, when there is a duly constituted Board of Trustees, they have to be either removed, dismissed or suspended in the manner known to law before being dislodged. Therefore, if the petitioner is of the opinion that they are mismanaging or not acting in the best interest of the Temple, the petitioner shall file an appropriate application as per Section 26 read with Section 53 of the Hindu Religious and Charitable Endowments Act 1959, as and when an application is filed, the same shall be taken up and by issuing due notices to either sides, final orders shall be passed on merits in accordance with law within a period of 12 weeks from the date of filing of such application. Simultaneously, the Joint Commissioner shall also undertake a thorough audit of verifying the gold and silver items of the temple and other properties of the temple and if any discrepancy is found, appropriate action under the statute, civil and criminal shall be taken against any offence committed or any malpractice noticed. https://www.mhc.tn.gov.in/judis W.P.No.47357 of 20258. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.08-12-2025Neutral Citation:No.bsmTo1.The Commissioner HR And CE,Office Of The Commissioner, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai-600 024.2.The Joint CommissionerHR&CE Mayiladuthruai, Joint Commissioners Office, Sambandar Sannathi Street, Mayiladuthurai West, Tamil Nadu-609 003.3.The Executive OfficerArulmigu Venkatachalapathy Swamy Koil Oppiliappan Koil, Thirunageswaram, Kumbakonam Taluk, Tamil Nadu-612204. https://www.mhc.tn.gov.in/judis W.P.No.47357 of 20254.Board Of Trustees,Arulmigu Venkatachalapathy Swamy Koil Oppiliappan Koil, Thirunageswaram, Kumbakonam, Taluk,Tamil Nadu-612204.5. The Government Pleader, High Court, Madras. https://www.mhc.tn.gov.in/judis W.P.No.47357 of 2025D.BHARATHA CHAKRAVARTHY J.bsmWP No. 47357 of 202508-12-2025