High Court · 2025

W.P.(MD)No.20405 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 28.07.2025CORAM:THE HONOURABLE MR.JUSTICE C.SARAVANANW.P.(MD)No.20405 of 2025andW.M.P.(MD)Nos.15797, 15799 and 15800 of 2025Thangappan... Petitioner-vs-1.The Secretary to Government, Tamil Development and Information (Memorial) Department, Secretariat, Chennai.2.The Secretary to Government, Tourism Culture and Religious Endowments Department, Secretariat, Chennai.3.The Commissioner, Hindu Religious and Endowment Department, Nungambakkam, Chennai.4.The District Collector, Kanyakumari District, Nagercoil.____________Page 1 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 20255.The Executive Engineer, Public Works Department, Building and Maintenance, Tirunelveli District.6.The Executive Engineer, Public Works Department, Building and Maintenance, Nagercoil, Kanyakumari District.7.The Executive Officer / Joint Commissioner, Kanyakumari Temples, Suchindrum, Agasteeswaram Taluk, Kanyakumari District.8.The Assistant Commissioner (Admin), Hindu and Religious Charitable Department, Vadiveeswaram, Agasteeswaram Taluk, Kanyakumari District.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent made in G.O.(Per) No.256 Tamil Development and Information (Memorial) Department, dated 19.12.2023 and consequential proceedings of the third respondent in R.C.No.1231007/2025/V3, dated 14.03.2025 and quash the same and consequently, forebear the respondents from proceedings with the construction of building S.No.659/1, Thovalai Village, Thovalai Taluk, Kanyakumari District belongs to the Bhagavathi Kottaram Temple.____________Page 2 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025For Petitioner : Mr.R.MuraliFor R1 to R6 & R8 : Mr.SS.Madhavan Additional Government PleaderFor R7 : Mr.R.Shankar Ganesh Standing CounselORDERBy consent, this Writ Petition is taken up for final disposal at the admission stage itself.2. The petitioner, a devotee of Arulmigu Bhagavathi Amman Kottaram Temple, situated at Thovalai Village, Thovalai Taluk, Kanyakumari District, which falls under the jurisdiction of the respondents 7 and 8, has approached this Court challenging the impugned Government Order in G.O.(Ms)No.256, Tamil Development and Information (Memorial) Department, dated 19.12.2023 and the consequential order of the third respondent / Commissioner, H.R. and C.E. Department, bearing reference R.C.No.1231007/2025/V3, dated 14.03.2025.3. It is submitted that the impugned Government Order, which seeks to implement a proposal made by the former Chief Minister for the construction of a memorial and library in honor of Tamil scholar Kavimani Desiga Vinayagam ____________Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025Pillai, is impermissible in view of the judgment and decree of the Principal District Court, Kanyakumari District at Nagercoil in O.S.No.97 of 2020. The said suit was filed by the petitioner along with one Chandran, seeking a declaration that the suit schedule property absolutely belongs to the Arulmigu Bhagavathi Amman Kottaram Temple and for an injunction restraining the respondents 4 and 5 herein from putting up any construction or altering the physical features of the suit schedule property.4. The said suit was decreed as prayed for, after contest. The H.R. and C.E. Department, represented by the Assistant Commissioner, remained absent during the proceedings. Despite this decree dated 27.07.2022, the impugned Government Order and subsequent communication from the third respondent proposes to lease 9.25 Ares out of 38 Ares of temple land in Thovalai Village (Survey No.3084/243 / Resurvey No.659/1) at a ground rent of Rs.6,500/- per month.5. The learned counsel for the petitioner contends that as a devotee, the petitioner has locus standi to espouse the cause of the deity and that the writ petition is therefore maintainable. It is argued that the impugned orders are based ____________Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025solely on a legislative announcement made by the former Chief Minister on 16.06.2020, followed by a foundation-laying ceremony (Bhoomi Pooja), which cannot override judicial orders or statutory procedures.6. The learned counsel for the petitioner further contends that the construction is not in the religious interest of the temple and that the entire procedure followed, both prior to and after the decree in O.S.No.97 of 2020, is contrary to Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as ''the H.R. & C.E. Act''].7. It is emphasized that when the law prescribes a specific procedure, it must be followed strictly. In this case, the respondents are allegedly proceeding with the construction in violation of such mandatory procedure. Upon a query regarding the nature of the land, the petitioner's counsel confirmed and the learned Additional Government Pleader as well as the learned counsel for the seventh respondent concurred that the land lies within an urban area. Furthermore, it is argued that leasing temple property perpetually without adherence to the requirements under Section 34(1) and the second proviso to the H.R. & C.E. Act is impermissible.____________Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 20258. The learned Additional Government Pleader submitted that the actions taken after the judgment dated 27.07.2022 are in accordance with the H.R. & C.E. Act and in furtherance of the policy declaration made in the assembly on 16.06.2020.9. It is also contended that the petitioner is a mere intermeddler with no locus standi to challenge the decisions taken by the official respondents and the temple authorities (respondents 7 and 8) under whose control the land lies.10. I have considered the arguments advanced by the learned counsel for the petitioner, the learned Additional Government Pleader for the official respondents and the learned counsel for the seventh respondent.11. The relevant portion of the impugned Government Order in G.O.(Ms) No.256, dated 19.12.2023, reads as follows:- ''6) murpd; ftdkhd guprPyidf;Fg; gpd;du;> khz;GkpF Kd;dhs; Kjyikr;rupd; mwptpg;gpid nray;gLj;jpLk; nghUl;L> ,e;J rka mwepiyaj; Jiwf;F nrhe;jkhd fd;dpahFkup khtl;lk> Njhthis tl;lk;> Njhthis fpuhkk;> Gy ____________Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025vz;. 659/1-,y; kUj;Jtkid vd tifg;ghL nra;ag;gl;Ls;s 0.38.0 n`f;Nlu; epyk;> Gy vz;. 659/6 vd Gjpajhf cl;gpupT nra;ag;gl;L 0.09.25 n`f;Nlu; epyj;jpy; ftpkzp Njrpf tpehafk; gps;is mtu;fSf;F kzpkz;lgk; mikf;fg;gl;L tUk; epyj;jpw;F ,e;J rka mwepiyaj;Jiw epaha thlif FOthy; epu;zak; nra;ag;gl;Ls;sthW khj thlifahf &.6>500/- id ,e;J rka mwepiyaj; Jiwf;F nrYj;Jtjw;F VJthf elg;G epjpahz;bw;F (brk;gu; 2023 - khu;r; 2024 (4 x 6500)) &.26>000/-k; (&gha; ,Ugj;jp Mwhapuk; kl;Lk;) epjp xg;gspg;G toq;fpAk; kw;Wk; 2024-2025 Mk; epjpahz;L Kjy; njhlu; nrytpdkhf &.78>000/- f;F epUthf mDkjp kw;Wk; epjp xg;gspg;G toq;fpAk; muR MizapLfpwJ.7) NkNy gj;jp 6-y; xg;gspf;fg;gl;l nrytpdk; fPo;f;fz;l fzf;Fj; jiyg;gpd; fPo; gw;W itf;fg;gl Ntz;Lk;.''2220 nra;jp kw;Wk; tpsk;guk; 60 Vidait 106 fs tpsk;guk; - khepyr; nrytpdq;fs; - AC gpur;rhuk; kw;Wk; jfty; njhlu;Gf;fhd jpl;lq;fs; - 306 thlif fl;lz tPjq;fs;> tupfs; - 01 thlif'' IFHRMS (j.njh.F. 2220 – 60 - 106 - AC 306 01)8) NkNy gj;jp 6-,y; xg;gspf;fg;gl;l nrytpdj;jpid Nkw;nfhs;s Njitahd $Ljy; epjpnahJf;fk; &.26>000/- 2023-2024-Mk; epjp Mz;bw;fhd jpUj;j kjpg;gPL / ,Wjp jpUj;j epjpnahJf;fj;jpy; xJf;fPL nra;ag;gLk;. ,e;epjpnahJf;fk; nra;a ,Ug;gij vjpu;Nehf;fp NkNy gj;jp 6-y; xg;gspg;G nra;ag;gl;l njhifapid ngw;W toq;fpl nra;jp kf;fs; njhlu;Gj; ____________Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025Jiwapd; ,af;Feu; mtu;fs; Nfl;Lf;nfhs;sg;gLfpwhu;. NkYk;> gj;jp 6-,y; mDkjpf;fg;gl;l ,f;$Ljy; nrytpdj;jpw;f;fhd cupa fUj;JUit 2023-2024-Mz;bw;fhd jpUj;j kjpg;gPL / ,Wjp jpUj;j epjpnahJf;fj;jpy; Nru;g;gjw;F jtwhJ cupa Neuj;jpy; epjp (j.t (k) nr.j;Jiw)j; Jiwf;F mDg;gp itf;FkhW nra;jp kf;fs; njhlu;Gj; Jiwapd; ,af;Feu; Nfl;Lf; nfhs;sg;gLfpwhu;.'' 12. The Devasthanam, which exercises control over the land, has not raised any serious objection to the construction of a memorial in honor of the Tamil scholar Kavimani Desiga Vinayagam Pillai. The contention that the scholar already owns land in his native Village, viz., Therrur Village, Agasteeswaram Taluk, Kanyakumari District, is of no relevance, as the proposed memorial is intended to preserve and promote the rich Tamil heritage of Kanyakumari District.13. Moreover, the respondents represent different wings of the Government and are not in conflict with one another. Therefore, by invoking the doctrine of indoor management, the argument that the procedures under Sections 34 and 34A of the H.R. & C.E. Act, were not followed cannot be countenanced.____________Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 202514. At best, the petitioner can contend that the Temple is being deprived of valuable rental income by leasing the land for a meagre sum of Rs.6,500/- per month. In this regard, I am of the view that the petitioner's submission warrants reconsideration by the respondents 1 and 3.15. An extent of 9.25 Ares has been leased on a long-term basis for the construction of the memorial pursuant to the aforementioned Government Order issued by the first respondent. The fixation of rent at Rs.6,500/- per month, prima facie, appears to be below the market value and does not reflect a fair rent, particularly, considering the fact that the lease should have been executed in compliance with Sections 34 and 34A of the H.R. & C.E. Act.16. To that extent, the impugned order fixing the rent is liable to be interfered with. Accordingly, the rent of Rs.6,500/- per month shall be treated as provisional rent, to be paid by the official respondents to the respondents 7 and 8.17. The third respondent / Commissioner is directed to initiate proceedings for the fixation of fair rent under Section 34A of the H.R. & C.E. Act, in order to ____________Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025ensure that the Temple is not deprived of its legitimate income. This exercise shall be completed within six months from the date of receipt of a copy of this order.18. This Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 28.07.2025Index : Yes / No smn2To:-1.The Secretary to Government, Tamil Development and Information (Memorial) Department, Secretariat, Chennai.2.The Secretary to Government, Tourism Culture and Religious Endowments Department, Secretariat, Chennai.3.The Commissioner, Hindu Religious and Endowment Department, Nungambakkam, Chennai.4.The District Collector, Kanyakumari District,____________Page 10 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025 Nagercoil.5.The Executive Engineer, Public Works Department, Building and Maintenance, Tirunelveli District.6.The Executive Engineer, Public Works Department, Building and Maintenance, Nagercoil, Kanyakumari District.7.The Executive Officer/ Joint Commissioner, Kanyakumari Temples, Suchindrum, Agasteeswaram Taluk, Kanyakumari District.8.The Assistant Commissioner (Admin), Hindu and Religious Charitable Department, Vadiveeswaram, Agasteeswaram Taluk, Kanyakumari District.____________Page 11 of 12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20405 of 2025C.SARAVANAN , J. smn2W .P.(MD)No.20405 of 2025 28.07.2025____________Page 12 of 12