CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA W. P.(MD)No.34090 of 2025and W.M.P.(MD)Nos.26930 and 26931 of 2025 T.R.Ramesh … Petitioner Vs. 1.The State of Tamil Nadu, Rep. by its Secretary, Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai 600 009. 2.The Commissioner, Hindu Religious and Charitable Endowments Department, 119,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W. P.(MD)No.34090 of 2025and
W.M.P.(MD)Nos.26930 and 26931 of 2025
T.R.Ramesh … Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department, 119, Mahatma Gandhi Road,
Nungambakkam, Chennai – 600 034.
3.The Board of Trustees,
Arulmigu Dhandayuthapaniswamy Temple, Palani, Dindigul – 624 601.
4.The Joint Commissioner / Executive Officer,
Arulmigu Dhandayuthapaniswamy Temple,
Palani, Dindigul – 624 601. … Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to G.O.(Ms.)No.321 Tourism, Culture and Religious Endowments (R.E.5-1) Department dated 26.12.2022 passed by the 1st Respondent and to quash the same.
For Petitioner : Mr.Niranjan Rajagopalan,
For M/s.G.R.Associates.
For Respondents : Mr.P.V.Balasubramaniam, Addl. Advocate General,
Assisted by Mr.P.Senthil,
Government Advocate for R1 & R2.
Mr.A.K.Sriram, Senior Counsel,
For Mr.R.Murali for R3 & R4
ORDER
(Order of the Court was delivered by G.R.Swaminathan, J.)
Heard the learned counsel for the writ petitioner, the learned
Additional Advocate General assisted by the learned Government Advocate for the respondents 1 and 2 and the learned Senior Counsel for the respondents 3 and 4.
2.The writ petitioner herein is a well known activist fighting for the cause of the temples in Tamil Nadu. He challenges the government order issued by the Government of Tamil Nadu providing for acquisition of lands around Arulmighu Dhandayuthapaniswamy Temple, Palani. His core grievance is that the money to pay compensation should come out of the temple administration fund which vests with the Commissioner of Hindu Religious and Charitable Endowments Department. We had
granted interim order while admitting the writ petition.
3.Today ie., on 23.06.2026, when the matter was taken for final hearing, the learned Additional Advocate General appearing for the State as well as the learned Senior Counsel appearing for the temple would submit that the original proposal has now undergone a drastic change. The property had already been acquired and possession thereof has also been handed over to the temple administration. The trust board has passed a resolution that they will repay the compensation amount that is already disbursed by the government. In this regard, correspondence is pending among the various stakeholders and it is informed that a decision will be taken shortly. We take it that the temple will bear the burden of paying the compensation by reimbursing the government and that the property would stand in the name of the deity. Our attention was drawn to the recent decision of the Honourable Supreme Court reported in 2025 INSC 700 (Ishwar Chanda Sharma Vs. Devandra Kumar Sharma) in which it was held that temple funds can be utilized for purchasing the land around the temple provided the land so acquired shall be in the name of the deity / trust.
4.The learned counsel for the petitioner drew our attention to
Section 96 of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959. It reads as follows:-
“96. Religious and Charitable Endowments
Administration Fund.—(1) There shall be established a Fund to be called the [Tamil Nadu Hindu Religious and Charitable Endowments Administration Fund]. The Fund shall vest in the Commissioner.
(2) The assets which devolved on the Government under section 101 of the [Tamil Nadu] Hindu Religious and charitable Endowments act, 1951 [Tamil Nadu] Act XXI of 1951), the sums which may be transferred to the Commissioner by the Government, the sums due to the Government under the said Act, the contributions payable under sub-section (1) of section 92 and the further sums payable under sub-section (2) of section 92 shall, when realized, be credited to the said Fund. It shall be lawful for the Commissioner to accept to the credit of the said Fund grants or loans from the Government and grants from any private person. The Commissioner shall, out of the aid Fund, repay to the Government sums paid by the Government under sub-section (4) of section 92 and loans received from the Government.”
5.The statutory provision is clear and categorical. While the temple administration fund would vest in the Commissioner, the Commissioner does not have any discretion to spend the amount as he likes. The money withdrawn by him from and out of the fund can only be for the purpose of repaying the government sums paid by the government under Sub-Section 4 of Section 92 of the Act and the loans received from the government. Except for these two purposes, the said fund cannot be utilized for any other purpose. We are satisfied that no further order is required in this writ petition.
6.This writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.

(G.R.S. J.,) & (R.P. J.,)
23.06.2026
NCC : Yes/No
Index : Yes / No Internet : Yes/ No
ias
To:-
1.The Secretary,
Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department, 119, Mahatma Gandhi Road,
Nungambakkam, Chennai – 600 034.
G.R.SWAMINATHAN, J. and R.POORNIMA, J.
ias W.P.(MD)No.34090 of 2025