DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W. P.(MD)Nos.23501 & 22596 of 2025and W.M.P(MD)No.20782 of 2025 W.P.(MD)No.23501 of 2025 A.V.B.Prabhu … Petitioner /Vs./ 1.The Secretary to Government, Religious Endowments Department,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W. P.(MD)Nos.23501 & 22596 of 2025and
W.M.P(MD)No.20782 of 2025
W.P.(MD)No.23501 of 2025
A.V.B.Prabhu … Petitioner
/Vs./
1.The Secretary to Government,
Religious Endowments Department,
Government of Tamil Nadu,
Secretariat, Chennai – 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai – 600 034.
3.The Executive Officer,
Sri Kallazhagar Temple, Azhagarkoil,
Madurai District.
4.V.R.Venkatachalam,
Chairman of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
5. R.Pandiyarajan
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
6. A.Senthilkumar,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
7. P.Ravikumar,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
8.Meenakshi Priyanth,
Member of Board of Trustees,
Sri Kallazhagar Temple,
Azhagarkoil,
Madurai District. … Respondents
(Respondents 4 to 8 are suo motu impleaded vide order of this Court dated 22.10.2025 in W.P.(MD)No.23501 of 2025)
PRAYER:- Writ Petition – filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to Na.Ka.No.3400/2023/A2 dated 11.10.2024 issued by the third respondent herein, the Regional Joint Commissioner of the Hindu Religious and Charitable Endowments Department, Madurai Region in respect of Civil Works pertaining to Sri Kallazhagar Temple, Azhagarkoil, Madurai District and quash the same as being in violation of Section 36 read with Section 66(1) and Section 86(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the
Management and Preservation of Properties of Religious Institutions
Rules framed under the said 1959 Act, Section 11(1) and (3) of the Tamil
Nadu Heritage Commission Act, 2012, the law laid down by a Full Bench of the Hon’ble Supreme Court of India in its order dated
12.03.2024 in SLP(c)No.9495 of 2022 and the dictum of the Hon’ble Division Bench of this Court laid down in its order dated 09.01.2025 in W.P.No.19084 of 2025 and further order restoration of the funds of temple utilized without any authority of law for the civil works in the said Temple.
For Petitioner : Mr.M.R.Venkatesan for Mr.RM.Arun Swaminathan
For Respondents : Mr.Veerakathiravan (for R1 & R2)
Additional Advocate General
Assisted by
Mr.J.Ashok
Additional Government Pleader
: Mr.A.K.Sriram (R3)
Senior Counsel
Assisted by Mr.S.Manokar
W.P.(MD)No.22596 of 2025
Venkatesh Sowrirajan … Petitioner
/Vs./
1.The State of Tamil Nadu,
Rep. by Additional Chief Secretary,
Department of Tourism,
Culture & Religious Endowments, Secretariat, Fort St.George, Chennai – 600 009.
2.The Commissioner,
Hindu Religious & Charitable Endowments
Department, 119, Uthamar Gandhi Road,
Nungambakkam,
Chennai – 600 034.
3.The Joint Commissioner,
Hindu Religious & Charitable Endowments Department, Ellis Nagar, Madurai – 625 001.
4.The Executive Officer,
Sri Kallazhagar Temple, Azhagarkoil,
Madurai – 625 301.
5.The Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai – 625 301.
6.Rangarajan Narasimhan,
Arangan Thirumutram,
Kollidam Road,
400 meters west of Andavan Ashramam,
Srirangam, Trichy – 620 006. … Respondents
(Respondent No.6 impleaded vide order of this Court dated 22.10.2025 in W.M.P.(MD)No.20782 of 2025 in W.P.(MD)No.22596 of 2025)
PRAYER:- Writ Petition – filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to G.O Ms.No.135, dated 08.03.2024, issued by the 1st Respondent and quash the same as arbitrary, illegal and ultra vires the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and consequently restrain the Respondents, their subordinates, agents, contractors or any other persons acting under their authority or instructions from proceeding with or in any manner carrying out any civil or commercial construction activities pursuant to G.O Ms.No. 135, dated 08.03.2025 using surplus temple funds within or in the immediate vicinity of the premises of Arulmighu Kallazhagar Temple, Madurai.
For Petitioner : Mr.S.G.Vadiraj Anirudh
For Respondents : Mr.Veerakathiravan (for R1 to R3)
Additional Advocate General
Assisted by
Mr.J.Ashok
Additional Government Pleader
: Mr.A.K.Sriram (R4 & R5)
Senior Counsel
Assisted by Mr.S.Manokar
ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.)
Having heard the detailed submissions advanced on behalf of
the parties, the following directions are issued:-
(i) Mr.A.K.Sriram, learned senior counsel will ensure that the directions in order dated 01.09.2025 passed in W.P.(MD)No.23501 of 2025 are complied prior to the next date of hearing. The documents that are required to be furnished will be compiled and served on the other party, atleast two days prior to the next date of hearing.
(ii) The compilation furnished by Mr.Rangarajan Narasimhan enclosing photographs of Sri Kallazhagar temple and buildings / facilities that stand in the compound, shall be served on the other counsel to enable them to take instructions and respond on the points put forth by him in the course of his submissions.
(iii) There shall be a stay of all new construction until further
orders of the Court.
2. In light of the averments in the petition seeking
impleadment, and there being no objection by any of the parties, the petition to implead is ordered. Let necessary corrections be made to the array.
3. We suo motu implead the Board of Trustees and the Members of the Board of Trustees of the Sri Kallazhagar temple as respondents 4 to 8 in W.P.(MD)No.23501 of 2025,
“4.V.R.Venkatachalam,
Chairman of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
5.R.Pandiyarajan
Member of Board of Trustees,
Sri Kallazhagar Temple,
Azhagarkoil, Madurai District. 6.A.Senthilkumar,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil,
Madurai District.
7.P.Ravikumar,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil,
Madurai District.
8.Meenakshi Priyanth,
Member of Board of Trustees,
Sri Kallazhagar Temple,
Azhagarkoil,
Madurai District.”
4. Necessary amendments be made to the array of parties. Counters by the newly impleaded respondents by 05.11.2025, served in advance on the petitioners.
5. Mr.A.K.Sriram is requested to ensure that a copy of this
order is served upon the newly impleaded respondents in order to enable their compliance with the directions hereunder.
6. List on 25.10.2025 for the submissions of Mr.Sriram.
[A.S.M.J.,] & [C.K.J.,] 22.10.2025
mbi
To
1.The Secretary to Government,
Religious Endowments Department, Government of Tamil Nadu,
Secretariat, Chennai – 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai – 600 034.
3.The Executive Officer, Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
4.V.R.Venkatachalam,
Chairman of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
5. R.Pandiyarajan
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
6. A.Senthilkumar,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil,
Madurai District.
7. P.Ravikumar,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
8.Meenakshi Priyanth,
Member of Board of Trustees,
Sri Kallazhagar Temple, Azhagarkoil, Madurai District.
9.Rangarajan Narasimhan,
Arangan Thirumutram,
Kollidam Road,
400 meters west of Andavan Ashramam, Srirangam, Trichy – 620 006.
10.The Additional Chief Secretary, Department of Tourism,
Culture & Religious Endowments, Secretariat, Fort St.George, Chennai – 600 009.
11.The Joint Commissioner,
Hindu Religious & Charitable Endowments Department, Ellis Nagar, Madurai – 625 001.
DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J. mbi
Order made in
W.P.(MD)Nos.23501 & 22596 of 2025
Dated:
22.10.2025