Temple case IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No. / 2025 A.B. Palani, aged about 60 years, S/o. Balasubramaniam,
IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)
W.P. No. / 2025
A.B. Palani, aged about 60 years,
S/o. Balasubramaniam,
No.149/58F, MTH Road,
Villivakkam,
Tiruvallur – 600049. …Petitioner.
Vs
1. The Secretary to Government,
Tourism, Culture and Religious endowments Department,
Secretariat , Chennai.
2. The Commissioner of HR & CE,
Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 600034.
3. The Joint commissioner of HR & CE,
DPI Complex, College Road, Egmore, Chennai.
4. Sri Muthukumara Swamy Devasthanam @
Kandhakottam Temple,
Represented by Trustees, No.44, Rasappa Chetty Street,
Chennai.
5. The Executive officer,
Sri Muthukumara Swamy Devasthanam @
Kandhakottam Temple,
No.44,Rasappa Chetty Street, Park Town,
Chennai – 600034.
6. Raghul construction, No.52, Jayaram Chettty Street,
West Saidapet,
Chennai.
7. S.V.K. Construction,
No.1/1, Gangai Amman Koil Street, Jafferkhanpet, Chennai – 600083.
8. Setharam Electrical & Construction,
No.314, 2nd Floor,
Lingi Chetty Street,
Mannady,
Chennai – 01.
9. Sathaya Narayana Electricals,
No.162, 1st Cross Street,
New Colony,
Perambur,
Chennai – 11. …Respondents.
AFFIDAVIT OF A.B.PALANI
I, A.B. Palani, aged about 60 years, S/o. Balasubramanyam, residing at No.149/58F, MTH Road, Villivakkam, Tiruvallur – 600049 now at Chennai, do solemnly affirms and sincerely states as follows,
1. I am the petitioner herein and I filing this Writ Petition on public interest. I am a worshiper of Sri Muthukumara Swamy of Kandhakottam. The recent incidents sparked me to file the present affidavit in support of my writ petition seeking to issue a WRIT in a nature of WRIT OF MANDAMOUS or order or direction by directing the respondents to not to construct commercial or residential complexes in the lands owned by the deity, Sri Muthukumara Swamy of Kandhakottam, at Rasappa Chetty street Chennai and further direct the respondents not to use temple funds in recurring deposits, fixed deposits, savings accounts and surplus funds for the construction of commercial or residential complexes in view judgment of this Hon’ble Court in P.Bhaskar Vs The District Collector reported in (2025) 2 MLJ 23 by considering my representation dated 04.08.2025 and for other consequential orders.
2. I humbly submit that the above writ is filed in public interest and I have no personal interest and I am a retired state government employee. My annual
Income is my pension amount (i.e.,) Rs.12,00,000 and my PAN card number is AAFPP7764F, my Aadhar number is 574683022574 and any cost imposed by this Hon’ble court will be borne by me. The General public will be benefited by the outcome of this writ petition. The above Public Interest Litigation has been filed, out of my own personal funds. I solemnly affirm and sincerely declare that no Public Interest Litigation on the same issue has been filed by me or any other person to the best of my knowledge, belief and information.
3. I humbly submit that I am residing in the above said address. I am an ardent devotee of Sri Muthukumara Swamy of Kandhakottam Temple. I am a worshiper of Lord Murugan from my young age itself, a such the community I am belonging had found the temple. Most of the properties currently held by the temple was donated by our community people in exchange of love we has for Sri
Muthukumara Swamy.
4. I humbly submit that atleast hundreds of devotees visiting the temple to worship Sri Muthukumara Swamy in a day. On Tuesdays and festival days the number of worshipers would be atleast in thousands. The temple receives its income a large part from poor devotee’s hundiyal offerings.
5. I humbly submit that recently when I have looking into the news in internet, I found that, there are attempts to convert several immovable properties donated to the temple to commercial and residential complexes, including
i. The property at No.17 Nayniappa Naickan Street, Park Town, Chennai –
600003.
ii. The property at No.47, Annapillai Street, Sowcarpet, Chennai – 600079. iii. The property at No.53, Annapillai Street, Sowcarpet, Chennai – 600079. iv. The property at No.7, Thirupalli Street, , Chennai – 600079.
v. The property at No.2, Karpura Mudali Street, Periamedu, Chennai –
600003.
But the respondents are yet to start construction.
6. I humbly submit that moreover, it is reliably learnt that the respondents are trying to take away the temple funds available in the recurring deposits, fixed deposits and savings bank accounts in the name of construction of commercial complexes.
7. I humbly submit that in this respect, the respondents are very much aware that this Hon’ble High Court prohibited any such construction of commercial or residential complexes on the properties donated to the temple. Moreover the use
of temple funds and surplus funds are specifically prohibited from using for any other purpose except for religious purposes or feeding the poor.
8. I humbly submit that moreover this Hon’ble Court by an order dated 21.10.2021 in WP.No.30371/2021 and batch appointed an interim judge commissioner to administer the temple, in the absence of trustees. Despite that without any order or consent from the Hon’ble judge commissioner the HR & CE authorities proceeded to pass several orders for construction of commercial complexes. Ultimately the trustees are came to be appointed on 10.04.2025. Hence the action of the respondents is without any authority as the authority then was the interim Hon’ble judge commissioner.
9. I humbly submit that Hence I have requested the respondents to not to use temple funds to construct commercial complexes or residential complexes that are no way connected with the religious functions of the temple. I have requested the respondents to not to remove funds of the temple for construction of commercial complexes through my representation dated 04.08.2025, a the funds are donated by poor worshipers to the deity. As the history proves that the tenants of religious institutions most likely to stop paying rent and start to claim ownership over the property, thereby the property would be removed from the possession of the deity to the hands of the 3rd parties.
10. I humbly submit that even 2 months has passed the respondents did not give any reply to my representation. Moreover they are continue to do the illegal acts by transferring the temple funds to the construction of the commercial complexes, hence without any choice I am approaching this Hon’ble Court on the following among other,
GROUNDS
a. That this Hon’ble Court held that the surplus funds of the temple should not be used for the construction of commercial complexes in the judgment rendered in P.Bhaskar VS The District Collector reported in (2025) 2 MLJ 23.
b. That the surplus funds can only be used for the purposes expressly given under Section 66 of the Hindu Religious and Charitable Endowments Act, 1955.
c. That construction of commercial or residential complexes is not a religious function under the Act.
d. That the temple has huge arrears of rent to be collected from the existing tenants themselves, proving the construction of commercial complexes is vain attempt that can only profit 3rd parties but not the temple.
e. That the respondents are committing an act of waste by using the temple funds for construction of commercial purposes instead of using it to deposit in interest earning deposits.
f. That every penny of the donation of the worshiper is expected by him to be used for religious purposes. Diverting from the religious purposes may lead to disastrous conquences that the funds may be used for the non religious purposes, contraventing the intention of the donor/worshiper.
11. I humbly submit that the respondents are in consequence of their decision to construct commercial complexes are drying the temple funds. Hence it is necessary to injunct the respondents from taking away the temple funds.
12. Hence it is therefore prayed that this Hon’ble court to pleased to grant an order of AD-INTERIM INJUNCTION restraining the respondents from utilizing the temple funds of Sri Muthukumara Swamy Devasthanam @ Kandhakottam Temple at Rasappa Chetty Street, Chennai for construction of commercial or residential complexes, (i.e.,) except for religious purposes, pending disposal of the above writ petition and pass such other orders and thus render justice.
13. Hence it is therefore prayed that this Hon’ble court to pleased to grant an order of AD-INTERIM INJUNCTION restraining the respondents from constructing any commercial or residential complexes in the lands owned by the deity Sri
Muthukumara Swamy of Kandhakottam Temple at Rasappa Chetty Street, Chennai, pending disposal of the above writ petition and pass such other orders and thus render justice.
14. Hence it is therefore prayed that this Hon,ble court be pleased to issue a WRIT in the nature of WRIT Of MANDAMUS or order or direction by directing the respondents to not to construct commercial or residential complexes in the lands owned by the deity, Sri Muthukumara Swamy of Kandhakottam, at Rasappa Chetty street Chennai and further direct the respondents not to use temple funds in recurring deposits, fixed deposits, savings accounts and surplus funds for the construction of commercial or residential complexes in view judgment of this Hon’ble Court in P.Bhaskar Vs The District Collector reported in (2025) 2 MLJ 23 by considering the representation of the petitioner dated 04.08.2025 and pass as such other orders and thus render Justice.
Solemnly affirmed and BEFORE ME
Signed his name in my presence on this the 9th day of October, 2025
at Chennai. ADVOCATE : CHENNAI MEMORANDUM OF WRIT PETITON
(UNDER ARTICLE 226 OF THE CONSITITUTION OF INDIA)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. No. / 2025
A.B. Palani, aged about 60 years,
S/o. Balasubramanyam,
No.149/58F, MTH Road,
Villivakkam,
Tiruvallur – 600049. …Petitioner.
Vs
1. The Secretary to Government,
Tourism, Culture and Religious endowments Department,
Secretariat , Chennai.
2. The Commissioner of HR & CE,
Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 600034.
3. The Joint commissioner of HR & CE,
DPI Complex, College Road, Egmore, Chennai.
4. Sri Muthukumara Swamy Devasthanam @
Kandhakottam Temple,
Represented by Trustees, No.44, Rasappa Chetty Street,
Chennai.
5. The Executive officer,
Sri Muthukumara Swamy Devasthanam @
Kandhakottam Temple,
No.44,Rasappa Chetty Street, Park Town,
Chennai – 600034.
6. Raghul construction, No.52, Jayaram Chettty Street,
West Saidapet,
Chennai.
7. S.V.K. Construction,
No.1/1, Gangai Amman Koil Street, Jafferkhanpet, Chennai – 600083.
8. Setharam Electrical & Construction,
No.314, 2nd Floor,
Lingi Chetty Street,
Mannady,
Chennai – 01.
9. Sathaya Narayana Electricals,
No.162, 1st Cross Street,
New Colony,
Perambur,
Chennai – 11. …Respondents.
WRIT PETITION
The Petitioner above named states as follows,
The address for services for all the notices and summons for the Petitioner is that his
counsel M/s. M.MURUGANANTHAM, S.PRAKASH, M.PRIYANGA, ADVOCATES, MM OFFICE, No. 257, 3rd Floor, Canara Bank Building, Angappa Naickan Street, Chennai -1.
The address for services for all the notices and summons for the respondents is as setforth above.
For the reasons assigned in the accompanying affidavit Hence it is therefore prayed that this Hon,ble court be pleased to issue a WRIT in the nature of WRIT Of MANDAMUS or order or direction by directing the respondents to not to construct commercial or residential complexes in the lands owned by the deity, Sri Muthukumara Swamy of Kandhakottam, at Rasappa Chetty street Chennai and further direct the respondents not to use temple funds in recurring deposits, fixed deposits, savings accounts and surplus funds for the construction of commercial or residential complexes in view judgment of this Hon’ble Court in P.Bhaskar Vs The District Collector reported in (2025) 2 MLJ 23 by considering the representation of the petitioner dated 04.08.2025 and and pass as such other orders and thus render Justice.
Dated at Chennai on this the 9th day of October, 2025.
Counsel for Petitioner.
