HONOURABLE MR JUSTICE S.M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WMP(MD) NO. 17716 of 2025 and WP(MD) NO. 22596 OF 2025 Venkatesh Sowrirajan S/o V.Sowrirajan, 3/106 South Madavilagam, Thirukkanapuram, Nagapattinam District Pincode 609 704 Petitioner(s) Vs The State of Tamil Nadu Rep by Addl Chief Secretary,

WMP(MD) NO. 17716 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-08-2025
CORAM
THE HONOURABLE MR JUSTICE S.M. SUBRAMANIAM AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WMP(MD) NO. 17716 of 2025 and
WP(MD) NO. 22596 OF 2025
Venkatesh Sowrirajan
S/o V.Sowrirajan, 3/106 South Madavilagam, Thirukkanapuram,
Nagapattinam District Pincode 609 704
Petitioner(s)
Vs
The State of Tamil Nadu
Rep by Addl Chief Secretary, Department of Tourism, Culture and
Religious Endowments, Secretariat, Fort St.George, Chennai 600 009. and 4 Others
Respondent(s) For Petitioner(s):
Mr.Vadiraj Anirudh S G
For Respondent(s):
Mr.Veera Kathiravan
Additional Advocate General
Assisted by
Mr.P.Subbaraj
Special Government Pleader for R1 to R3
Mr.S.Manohar for R4
Prayer: To grant an order of Interim Injunction restraining 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 dt 08.03.2024 including but not limited to the construction of a restaurant (Unavagam) VIP Cottages, and shopping complex or shops using surplus temple funds within or in the immediate vicinity of the premises of Arulmighu Kallazhagar Temple, Madurai pending disposal of the above Writ petition and thus render justice.
ORDER
(Order of the Court was made by the Hon’ble S.M.SUBRAMANIAM.,J.)
Mr.P.Subbaraj, learned Special Government Pleader takes notice for the respondents 1 to 3. Mr.S.Manohar, learned counsel takes notice for the fourth respondent.
2. Issue notice to the fifth respondent returnable by four weeks. Private notice is also permitted.
3. A perusal of the impugned order reveals that there is no clear indication about the usage of buildings for religious purposes. The Temple funds and buildings are to be utilized only for the religious purposes and the legal position in this regard has been settled by the Division Bench of this Court in the case of Rama. Ravikumar vs. The State of Tamil Nadu, represented by its Principal Secretary in a batch of writ petitions in W.P(MD)Nos.4301 of 2025 etc., batch, dated 19.08.2025. Whenever a project / building is undertaken from and out of the religious funds, the religious purposes for which the buildings are going to be utilized must be clearly stated in the notification. For utilization of funds, Rules and the Procedures contemplated are also to be scrupulously followed enabling the devotees, Temple administration to raise an objections or otherwise before putting up any such constructions.
4. Unilateral decision of the HR & CE Department in religious matters are impermissible since the Temple funds are not public funds or the Government funds. It is the funds belonging to the quote un-quote deity, who is a minor. Thus, the utilization of Temple funds must be strictly for religious purposes and by following the procedures as contemplated under the Act and Rules. Since the notification does not speak about any such details regarding religious purposes, this Court is inclined to grant an interim injunction.
5. It is brought to the notice of this Court that this Court disposed of the writ petition in W.P(MD)No.2944 of 2025, wherein, this Court dealt with the issue whether the subject land is a Forest land or not. Since it was not a Forest land, the writ petition was dismissed. However, the issues relating to religious purposes in the context of the HR & CE Act and Rules were not at all adjudicated in the said writ petition and therefore, the said order has no implication in respect of the interim order granted.
6. The learned Additional Advocate General would submit that a detailed affidavit will be filed by the department enumerating the utility of the buildings for religious purposes alone and other details and the buildings will not be used for any commercial purposes or to establish commercial establishments.
5. In view of the above, there shall be an order of interim injunction in respect of item Nos.4,9,10 and 11 in the impugned resolution passed by the Trust Board in Resolution No.9/dated 16.11.2023 in Na.Ka.No.3400/2023/Aa2 until further orders.
(S.M.SUBRAMANIAM J.) (G.ARUL MURUGAN J.)
28-08-2025
am
To
1. The State of Tamil Nadu
Rep by Addl Chief Secretary,
Department of Tourism, Culture and Religious Endowments,
Secretariat,
Fort St.George, Chennai 600 009.
2. The Commissioner
Hindu Religious and Charitable Endowments Department,
119 Uthamar Gandhi Road,
Nungambakkam,
Chennai 600 034
3. The Joint Commissioner
Hindu Religious and Charitable Endowments Department,
Ellis Nagar,
Madurai 625 001.
4. The Executive Officer
Sri Kallazhagar Temple,
Azhagarkoil,
Madurai 625 301