HONOURABLE MR JUSTICE V.LAKSHMINARAYANAN W.M.P.No.28649 of 2025 in W.P.No.18511 of 2025 The Kattalai Thambiran, Dharmapuram Adheenam Kattalai Mutt, Tirunallar, Karaikal District, Puducherry State – 609 607.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2025
CORAM
THE HONOURABLE MR JUSTICE V.LAKSHMINARAYANAN
W.M.P.No.28649 of 2025 in W.P.No.18511 of 2025
The Kattalai Thambiran,
Dharmapuram Adheenam Kattalai Mutt,
Tirunallar, Karaikal District,
Puducherry State – 609 607.
… Petitioner
Vs.
1. Hereditary Sthanigars Society for Sri Dharbaraneswar
Swami Devasthanam,
Sri Saneswara Bhagwan Temple,
Thirunallur, (Parambarai Sthanigar Sangam), rep. by its President,
S.P.S. Nathan @ Amurdheswaranathan,
No.4, Vellalar Streer,
Thirunallar – 609 607, Karaikal District, Puducherry.
2. The District Collector and Special Officer (Temples), Sri Dharbaraneswar Swami Devasthanam,
Thirunallar, Karaikal District, Puducherry State.
3. The Executive Officer,
Sri Dharbaraneswar Swami Devasthanam,
Thirunallar, Karaikal District,
Puducherry State. … Respondents
PRAYER: Writ Miscellaneous Petition to clarify the order dated
16.05.2025 made in W.P.No.18511 of 2025.
For Petitioner : Mr.Kandhan Duraisami
For Respondent : Mr.L.Chandrakumar [R1]
Mr.R.Sreedhar,
Special Govt. Pleader [R2 & R3]
Mr.A.Tamilvanan
Additional Government Pleader
[Puducherry]
ORDER
Originally, the writ petition was presented seeking for a mandamus directing the first respondent, to take action on the petitioner’s representation dated 12.04.2025, for the second respondent in allowing the assistants to perform poojas, rituals and other pooja activities of Sri Dharbaraneswar Swami Devasthanam, Tirunallar.
2. Considering the limited scope of the writ petition, I had passed an order on 16.05.2025 directing the first respondent to dispose of the representation after hearing the second and third respondents.
3. Thereafter, an application was filed by Mr.Kandhan Duraisami in WMP.No.28649 of 2025 seeking to clarify the order.
4. Mr.Kandhan Duraisami represented that pursuant to the orders of this Court in A.S.No. 426 and 429 of 1999 dated 03.08.2012, the entire cs;Jiw administration vests only with the third respondent and with the District Collector-cum-Special Officer and the first respondent has no jurisdiction to conduct an enquiry into the same.
5. After perusing the order of Mr.Justice S.Palanivelu in the aforesaid appeals, I was convinced with the submission made by Mr.Kandhan Duraisami. Hence, I directed issuance of notice in the petition to the learned Government Pleader, Puducherry and to Mr.L.Chandrakumar, learned counsel for the writ petitioner.
6. When the petition was heard, all the counsels agreed that the temple is governed by the judgment and decree in A.S.Nos.426 and 429 of 1999 dated 03.08.2012 and that in terms of Clause No.3 of the decree found in paragraph 29 of the judgment, the internal administration of the temple is with the Kattalai Thambiran. It has been held that he shall exercise the said control along with the other members of the Board.
7. Mr.R.Sreedhar, learned Additional Government Pleader submitted that Section 4 of the Puducherry Hindu Religious Institutions Act, 1972 has been declared as unconstitutional by this Court. Hence, the Government is yet to make appointments to the Board for this temple. It is unfortunate that despite the lapse of nearly 13 years, the Government of Puducherry has not taken any steps to implement the order of this Court.
8. During the hearing, I also noticed that the Kattalai Thambiran had been utilizing the service of two assistants without the authorization of the Aadhinakartha of Dharmapuram Adheenam, who controls the internal administration of the temple. When this was pointed out to Mr.Kandhan Duraisami, he undertook to produce the authorization from the Aadhinakartha.
9. Accordingly, a memo was filed by Mr.Kandhan Duraisamy on 31.07.2025, enclosing the letter of authorization dated 28.07.2025. In terms of the authorization, the Aadhinakartha of Dharmapuram Adheenam has authorized
1. Sattanadha Thambiran, Thirubhuvanam Devasthanam Kattalai
Visaranai and
2. Manickavasaga Thambiran, Thiruvarur Raja Kattalaito assist the Kattalai Thamibran of this temple. The reason for appointment is clear from the authorization letter. It is because the Kattalai Thambiran is of an advanced age(78 years) and also to ensure there is a continuity in the office of Thambiran. The present incumbent has been called to train the aforesaid persons in the traditions and practice of Sri Dharbaraneswarar Temple.
10. Mr.L.Chandrakumar, stated that he has to verify with his clients, who are worshipers and devotees of the temple in this aspect. Hence, the matter was listed today.
11. When the matter was taken up for hearing today, the learned counsel for the writ petitioner submitted that the aforesaid two persons authorized by Aadhinakartha are the persons assisting the Kattalai
Thambiran in performance of his duties.
12. In the light of the authorization, the grievance of the writ petitioner does not exist any more. Since the grievance of the writ petitioner has been addressed, no further orders need to be passed. The first respondent shall record the authorization of Aadhinakartha dated 28.07.2025 pursuant to the orders of this Court and close the inquiry initiated pursuant to the orders of this Court dated 16.05.2025.
13. WMP is ordered accordingly. No costs.
08.08.2025
Speaking/Non-speaking : Yes/No
Index : Yes / No
Neutral Citation: Yes/No
mp
To
1. Hereditary Sthanigars Society for Sri Dharbaraneswar
Swami Devasthanam,
Sri Saneswara Bhagwan Temple,
Thirunallur, (Parambarai Sthanigar Sangam), rep. by its President,
S.P.S. Nathan @ Amurdheswaranathan, No.4, Vellalar Streer,
Thirunallar – 609 607, Karaikal District, Puducherry.
2. The District Collector and Special Officer (Temples), Sri Dharbaraneswar Swami Devasthanam,
Thirunallar, Karaikal District, Puducherry State.
3. The Executive Officer,
Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.
V.LAKSHMINARAYANAN ,J. mp
W.M.P.No.28649 of 2025 in W.P.No.18511 of 2025
08.08.2025