High Court · 2025

W.P.(MD)No.3423 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 06.02.2025CORAM:THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGHW.P.(MD)No.3423 of 2025andW.M.P.(MD)Nos.2426 and 2429 of 2025Jegesthra Packeswaran ... Petitioner -vs-1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Theni District.2.Thakkar / Executive Officer, Poolanandheeshwarar Temple, Chinnamanur, Uthamapalayam Taluk, Theni District.3.Manikannan4.M.Murugan5.V.Kanagarani6.M.Alamelumangai7.Manjula8.M.Ganesan____________Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 20259.Rajamanickam10.J.Vinotha... Respondents[R3 to R10 impleaded vide order dated 06.02.2025, made in W.M.P.(MD)No.2463 of 2025]PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from interfering with the ongoing Kumbhaabhisegam Yagnas and culmination of Maha Kumbhaabhisegam on 10.02.2025 in the village temples of Srivaradhraja Perumal, comprised in S.No.30/1 and 30/2 situated in Uppukottai Village, Bodinayakkanur, Theni District. For Petitioner : Mr.K.Govindarajan for Mr.M.Karthikeya VenkitachalapathyFor R1 : Mr.K.S.Selvaganesan Additional Government PleaderFor R3 to R10: Mr.M.Subash Babu Senior Counsel for Mr.T.R.SubramanianORDERThis Writ Petition has been filed forbearing the respondents from interfering with the ongoing Kumbhaabhisegam Yagnas and culmination of Maha Kumbhaabhisegam on 10.02.2025 in the village temples of Srivaradhraja Perumal, comprised in S.No.30/1 and 30/2, situated in Uppukottai Village, Bodinayakkanur, Theni District.____________Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 20252. With the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.3. Heard both sides.4. The learned counsel for the petitioner submits that in the year 2013, the family members of the petitioner engaged an Archaka to perform Nithyapoojas (three times a day) for the two temples mentioned above. The entire expenditure for the three daily Neivedyams, the Archaka's salary of Rs.15,000/- per month and residence for the Archaka were provided by the family members of the petitioner until 2024. Since 2024, the entire village has been contributing towards the salary of the Archakas, the three daily Neivedyams and the Archakas' residence. 5. The learned counsel for the petitioner submits that the villagers decided to perform the Kumbhabhishegam on 10.02.2025 between 09.00 a.m. and 10.00 a.m., as the last Kumbhabhishegam was performed by the villagers on 17.03.2006. They sought the advice of Sri Sri Sri Sadagopa Ramanujar Jeeyar Swamigal from Srivilliputhur. It was unanimously decided by the villagers that ____________Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 2025each family would contribute Rs.2,500/- towards the Kumbhabhishegam, and the contributions would be deposited only in the bank account and no cash will be accepted. Thus, the villagers collectively contributed a sum of about Rs.10 lakhs, with contributions from 400 families, though others have yet to contribute. 6. The learned counsel for the petitioner submits that the villagers began distributing invitations for the Kumbhabhishegam to the donors and neighboUring villages. A copy of the invitation was also sent to the Assistant Commissioner, HR & CE, Theni (the first respondent herein) and the second respondent on 13.01.2025.7. The learned counsel for the petitioner further submits that the villagers were called to a meeting at the office of the first respondent regarding the performance of the Kumbhabhishegam. During the meeting, the villagers were informed that the temples were taken over by the H.R. & C.E. Department on 20.09.2024. However, the first respondent refused to provide any copies of the order or proceedings related to the takeover and directed the villagers to meet the Executive Officer attached to the Arulmigu Poolanantheesvarar Temple, Chinnamanur, i.e., the second respondent herein.____________Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 20258. The learned counsel for the petitioner submits that the respondents informed the villagers that the temple idols would be removed from the temple and placed in the safe custody of the H.R. & C.E. Department. The villagers informed the officers that the idols have been in safe custody in the temple since time immemorial. It is pertinent to mention that CCTV cameras have been installed in the temples for the past 15 years. The entire village bazaar has been under CCTV surveillance since 2015, and the CCTV system was opened by the Deputy Superintendent of Police, Theni. Therefore, the villagers assured the officers that the idols are in safe custody. Furthermore, the temple is located in the main bazaar, which is surrounded by CCTV cameras, and the temple is a stone-built structure. The idols are thus highly secure and safe.9. The learned counsel for the petitioner further submits that on 13.01.2025, the villagers met the Executive Officer and informed him of the ongoing works for the Kumbhabhishegam while also serving the Kumbhabhishegam invitation. The Executive Officer orally requested that the date of the Kumbhabhishegam be changed, as there was another Kumbhabhishegam scheduled on the same date at the Arulmigu ____________Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 2025Poolanantheesvarar Temple, Chinnamanur. The learned counsel for the petitioenr further contends that the respondents 1 and 2 have neither contributed nor taken any action regarding the Nithyapooja of the temples, nor they have taken any action against the hereditary Archakas, who failed to perform the daily Nithyapoojas at both temples. 10. The learned counsel for the petitioner also submits that the villagers have also highlighted that the Chithirai festival is one of the major festivals celebrated, along with the neighbouring village of Upparpatti, at the Varadharaja Perumal Temple. During this festival, the deities from both temples will simultaneously enter the Mullai River, blessing the villagers at the Mandagapadi at Uppukottai River bed. This major festival is celebrated for three days, and it will take place on 12.05.2025. Prior to the festival, the villagers will observe a 30-day Viratham and the temple flag will be hoisted on 12.04.2025. Therefore, it is impossible to change the date of the Kumbhabhishegam. Further, the 48th day Yagna will be completed on 22.03.2025 and between 28.03.2025 and 12.04.2025, only 15 days will remain before the flag hoisting for the Chithirai festival. Hence, in view of the above aspects, the learned counsel for the petitioner submitted that ____________Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 2025the petitioner is entitled for the relief sought for in this Writ Petition and hence, prayed to allow the Writ Petition.11.The learned Additional Government Pleader appearing for the first respondent submits that, as per the powers conferred upon the Joint Commissioner under Section 53(4) of the Hindu Religious and Charitable Endowments Act, 1959, to discharge the functions and duties of the Trustee, and in consideration of the public interest of the Temple, the Executive Officer of the Arulmigu Poolanandeeswarar Temple, Chinnamanur, Uthamapalayam Taluk, Theni District, has been appointed as the fit person for the above-mentioned Temple, in accordance with the recommendation of the Assistant Commissioner, Theni, until further orders. Until a Board of Trustees is appointed for the Temple, the fit person is instructed not to make any policy decisions without the prior permission of the Joint Commissioner and shall incur any expenditure only with the prior approval of the Joint Commissioner.12. The learned Additional Government Pleader further submits that the Hereditary Trustee and Archaka of the Temple, namely Sri Devi, Boo Devi ____________Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 2025Sametha Sri Varatharaja Perumal, along with the 10 Kumbu leaders of Bodinayakkanur Taluk, Theni District, have sent a letter to the Tahsildar, Bodinayakkanur Taluk, Theni District, stating their disagreement with the decisions made in the peace committee meeting held on 01.02.2025. They have decided to postpone the Kumbhabhishekam function and, after consulting with the 10 Kumbu leaders, the community members, and the Priest-cum-Archaka of the Temple, they will notify the new date for the Kumbhabhishekam. Therefore, the learned Additional Government Pleader prayed for dismissal of the Writ Petition.13. The learned Senior Counsel appearing for respondents 3 to 10 adopts the averments made in the Writ Petition and prays for allowing of the present Writ Petition.14. Considering the above submissions made by the learned counsel appearing for the parties, this Court directs the first respondent, namely, the Assistant Commissioner, H.R. & C.E. Department, Theni District, to ensure his presence from the date of commencement of customary temple rituals that has to ____________Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 2025be performed in the eve of Kumbabhishekam (i.e., from 08.02.2025 to 10.02.2025). He shall also ensure that peace is to be maintained and that the Kumbabhishekam and Poojas are to be performed in their proper context as scheduled, without paving way to any untoward incidents in the temple festival. 15. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.NCC : Yes / No 06.02.2025Index : Yes / No smn2Note:- Issue order copy on 06.02.2025.To:-1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Theni District.2.The Thakkar / Executive Officer, Poolanandheeshwarar Temple, Chinnamanur, Uthamapalayam Taluk, Theni District.____________Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3423 of 2025VIVEK KUMAR SINGH , J. smn2W.P.(MD)No.3423 of 202506.02.2025____________Page 10 of 10