High Court · 2025

W.P.(MD)No.23177 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 26.08.2025CORAM:THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.(MD)No.23177 of 2025andW.M.P.(MD)Nos.18223 & 18230 of 2025K.Balasubrahmanyam ... Petitioner-Vs-1.Principal Secretary to Government, Tourism, Culture & Religious Endowments Department, Chennai-600 009.2.The Secretary, Ministry of Culture, 502-C Wing, Shastri Bhawan, New Delhi-110 001.3.The Commissioner, HR & CE Department, Chennai-600 034.4.Director of Fire and Rescue Services, Egmore, Chennai-8.5.Regional Director -South Zone, Archaeological Survey of India, Bangalore.1/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 20256.The Commissioner, Department of Archaeology, Chennai-600 008.7.Executive Officer, Shri Nellaiyappar Temple, 162, E Car Street, Tirunelveli-627006.8.The Joint Commissioner, Hindu Religious and Charitable Endowments, Opposite Oriental Bank, Trivandrum High Road, Palayamkottai, Tirunelveli-627 002.... Respondents(R8 is suo motu impleaded vide Court order dated 25.08.2025 in W.P.(MD)No.23177 of 2025)PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 6th respondent to declare Shri Nellaiyappar Temple, Tirunelveli, as on “Monument of National Importance” under Section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and take over the Shri Nellaiyappar Temple, Tirunelveli.For Petitioner: Mr.S.G.Vadiraj AnirudhFor R1, R3, R4, R6: Mr.Veera Kathiravan,& R8 Additional Advocate General, assisted by Mr.P.Subbaraj, Special Government PleaderFor R2 & R5: Mr.K.Govindarajan, Deputy Solicitor General of IndiaFor R7: Mr.Karthikeya Venkatachalapathy, for Mr.S.Madhavan2/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 2025ORDER(Order of the Court was made by S.M.SUBRAMANIAM, J.)This Writ Petition has been instituted to direct the 6th respondent to declare Shri Nellaiyappar Temple, Tirunelveli, as on “Monument of National Importance” under Section 4 of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and take over Shri Nellaiyappar Temple, Tirunelveli. 2.Admittedly, Shri Nellaiyappar Temple, Tirunelveli was constructed in 7th Century and further developments were made subsequently by various schemes and others.3.Various archaeological important monuments are available inside the temple, which are made from and out of stones, wood etc. These monuments of national importance are to be protected and preserved by the competent authorities of HR & CE Department.4.The petitioner raised serious allegation that the authorities competent of HR & CE Department have permitted traders to utilize the monuments of 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 2025importance for trading purpose, which is directly in violation of HR & CE Act. The petitioner has produced photographs, which would reveal that the monuments are card out from wood and several monuments are also available inside the temple. But they have permitted some shop owners to occupy the said Mandapam, which is in violation of the Act.5.In this regard, Mrs.P.Kavitha Priyadarshini, Joint Commissioner / 8th respondent is present before this Court and made a submission that the department has already initiated action to evict all these shops and notices have already been issued.6.Section 77 (1) of HR & CE Act reads as under:-“Transfer of lands appurtenant to or adjoining religious institutions prohibited except in special cases.(1)Notwithstanding anything contained in section 34, no trustee of a religious institution shall lease or mortgage with possession or grant a licence for the occupation of -(a)any land belonging to the religious institution which is appurtenant to or adjoins the religious institution, or any sacred tank, well, spring or watercourse, appurtenant to the religious institution whether situated within or outside the precincts thereof, 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 2025or(b)any space within or outside the prakarams, mantapams, courtyards or corridors of the religious institution”7.More specifically, Section 77(2) of the Act enumerates that “ any lease or mortgage with possession or licence in contravention of the provisions of Sub Section (1) shall be null and void.”8.Section 80 of the Act provides eviction of lessees, licensees or mortgagees with possession in certain cases. Sub Section 1 to Section 80 reads as under:-“(1)Where the Assistant Commissioner having jurisdiction over the area in which the religious institution is situated is of the view that the lessee, licensee or mortgagee with possession of any land belonging to the religious institution, [wherever it is situated] [Substituted by section 43 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).] or any sacred tank, well, spring or water-course, appurtenant to the religious institution, whether situated within or outside the precincts thereof or any space within or outside the prakarams, mantapams, courtyards or corridors of the religious institutions, has taken any action which 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 2025has marred or is likely to mar the artistic appearance or the religious atmosphere of the religious institution, the Assistant Commissioner shall report the fact together with relevant particulars to [the Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by section 9(1) of the Tamil Nadu Religious and Charitable Endowments (Amendment) Act, 1995 (Tamil Nadu Act 38 of 1995).] having jurisdiction over the area which the religious institution is situated.”9.In the present case, allowing traders inside the Mandapam is likely to mar the artistic appearance and religious atmosphere of the temple. Therefore, the authorities competent are bound to evict all these occupants by following the procedures as contemplated under the Act and Rules.10.The learned Additional Advocate General appearing for the respondents 1, 3, 4, 6 and 8 would submit that notice has already been issued to the occupants of the ancient mandapam of the temple.11.Since the Joint Commissioner of HR & CE Department has already initiated action under Sections 77, 80 and under other relevant provisions to evict 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 2025the occupants inside the temple premises and mandapam, no further adjudication is required. However, the authorities competent of HR & CE Department are directed to evict all the occupants from the temple premises and initiate all appropriate steps to protect the monuments, architectures and ancient carvings etc., in accordance with the provisions of the Act and Rules. The entire exercise is directed to be completed by affording opportunity to the occupants, within a period of twelve (12) weeks from the date of receipt of a copy of this order.12.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.(S.M.S., J.) & (G.A.M., J.) 26.08.2025 NCC : Yes / NoIndex : Yes / NoYuvaTo1.Principal Secretary to Government, Tourism, Culture & Religious Endowments Department, Chennai-600 009.7/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 20252.The Commissioner, HR & CE Department, Chennai-600 034.3.Director of Fire and Rescue Services, Egmore, Chennai-8.4.The Commissioner, Department of Archaeology, Chennai-600 008.5.The Joint Commissioner, Hindu Religious and Charitable Endowments, Opposite Oriental Bank, Trivandrum High Road, Palayamkottai, Tirunelveli-627 002.8/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23177 of 2025S.M.SUBRAMANIAM, J.ANDG.ARUL MURUGAN, J.YuvaW.P.(MD)No.23177 of 202526.08.20259/9