this Court should inspect the Temple premises of the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai and for the said purpose, we fix the date tentatively as 05.10.2025, which would be confirmed and communicated by the Registry of this Court to the parties of this lis later. 14. Post these matters on 16.10.2025. (R.S.K., J.) (S.S., J) 25.09.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.09.2025
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE S. SOUNTHAR
W.P.Nos.34810 of 2023 & 11240 of 2024 and W.M.P.Nos.34818 of 2023 & 12334 & 12335 of 2024
[W.P.No.34810 of 2023]
A.Radhakrishnan .. Petitioner Vs.
1. The Secretary to the Government
Tourism, Culture and Endowments Department Secretary, Chennai – 600 009.
2. The Secretary to the Government Revenue Department, Secretariat Chennai – 600 009.
3. The Commissioner
Hindu Religious & Charitable Endowments Department 119, Nungambakkam High Road Chennai – 600 034.
4. The Commissioner of Land Administration Chepauk, Chennai – 600 005.
5. The District Collector Thiruvannamalai.
6. The Deputy Director of Town and Country Planning Chepauk, Chennai – 600 005.
7. The Municipal Commissioner Tiruvannamalai Municipality Tiruvannamalai.
8. The Chairman Board of Trustee
Arulmigu Arunachaleswarar Thirukoil Pavazhakundur, Tiruvannamalai – 606 601.
9. The Joint Commissioner cum Executive Officer
Arulmigu Arunachaleswarar Thirukoil
Pavazhakundur Tiruvannamalai – 606 601. .. Respondents
[W.P.No.11240 of 2024]
T.R. Ramesh .. Petitioner
Vs.
1. The State of Tamil Nadu
Rep. by its Secretary
Tourism, Culture and Religious Endowments Department Secretariat, Chennai – 600 009.
2. The Commissioner
Hindu Religious and Charitable Endowments Department Chennai – 34. .. Respondents
Prayer in W.P.No.34810 of 2023: Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorari, calling for the records pertaining to the order passed by the 1st respondent in G.O.Ms.No.336 dated 14.09.2023 and quash the same; and
Prayer in W.P.No.11240 of 2023: Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus, to call for the records relating to G.O.Ms.No.336, Tourism, Culture and Religious Endowments (R.E.4-1) Department dated 14.09.2023, issued by the 1st respondent herein, quash the same and consequently direct the respondents to restore the properties and funds misappropriated from Hindu Temples by the 1st and 2nd respondents herein for any of the purposes set out in the said order.
For the Petitioner
in W.P.No.34810 of 2023 : Mr.R.Maruthachalamurthy
For the Respondents : Mr.NRR.Arun Natarajan
in W.P.No.34810 of 2023 Spl. Government Pleader for R1 to R3
Mr.A.Selvendran Spl. Government Pleader for R4 to R7
Petitioner-in-Person
in W.P.No.11240 of 2024 : Mr.T.R.Ramesh
For the Respondents : Mr.NRR.Arun Natarajan
in W.P.No.11240 of 2024 Spl. Government Pleader
COMMON ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
Pursuant to our order dated 11.09.2025, when these cases are taken up for hearing today, Mr.NRR.Arun Natarajan, learned Special Government Pleader appearing on behalf of the HR & CE
Department / Executive Officer of the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai, has filed the sketches to the scale with regard to the proposed queue complex, to be constructed outside the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai.
2. However, as directed in our order, the respondents have not filed any technical report as to the details about the proposed constructions. In this regard, when this was specifically pointed out by this Court, Mr.NRR.Arun Natarajan, learned Special Government Pleader appearing on behalf of the HR & CE Department, wants some more time to file the technical report.
3. In the meanwhile, the petitioners’ side, especially, Mr.T.R.Ramesh, the petitioner-in-person in W.P.No.11240 of 2024 and also supporting the case of the petitioner in W.P.No.34810 of 2023, has submitted that, when this Court is hearing the matter about the proposed queue complex construction made by the HR & CE Department outside the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai, already, the HR & CE Department has started the construction and the construction is going on in full swing for the alleged queue complex or for some other purposes inside the Temple premises. In support of his contentions, he has produced some photographs, which he claims that the same have been taken only today (25.09.2025) morning.
4. On perusal of these photographs, we find that some pakka constructions with concrete pillars and beams are being made, which is adjacent to the compound wall of the Temple and the distance between the compound wall and the construction now being made is very minimal and thereby, we prima facie feel that the archaeological importance and the aesthetic beauty of the Temple, certainly, would get diminished if the construction is permitted to go on further.
5. When this was specifically asked, on getting instant instruction from the Officials who are present before this Court on behalf of the Temple/HR & CE Department, the learned Special Government Pleader would contend that, inside the fourth pragaram of the Temple, such constructions are being undertaken by the Temple out of the Temple funds and in this context, he has further stated that, as per the permission given by the State Level Expert Committee in its 72nd Meeting held on 21.11.2023, such kind of permission has been given.
6. Relying upon the Minutes of the said Meeting dated
21.11.2023 of the State Level Expert Committee, the learned Special Government Pleader would contend that, such a permission from the State Level Expert Committee since has been obtained in November, 2023, itself and based on such permission, the Government also has provided administrative sanction by issuance of a Government Order in G.O.Ms.No.210 dated 15.06.2024 and the construction, which is on-going, is a queue complex inside the Temple premises, where, waiting halls also are being provided to the devotees.
7. It is, in this context, to be noted that, whether such kind ofconstructions could be undertaken by the Temple Authorities / HR &
CE Department even outside the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai, as the same has been engaged in this lis before this Court for quite some time.
8. A number of hearings went on, where, the initial proposal made by the Temple Authorities / HR & CE Department to construct the row shops or shopping complex since was halted or such construction has not been permitted because of the earlier orders passed by this Court and the said position still continues.
9. In view of the said position that exists in this lis, the Temple Authorities, as well as the HR & CE Department, also during the last hearing, had come forward with a proposal that, instead of constructing any row shops or shopping complex, as originally proposed, since the said proposal has been decided to be shelved, the Temple Authorities wanted to provide some facilities in order to facilitate the devotees who come in large numbers to the Temple, therefore, the Temple Authorities wanted to construct a queue complex with waiting halls and only in that regard, the rough sketch since has been filed before this Court during the last hearing, we have passed the said order on 11.09.2025, where, we have directed the HR & CE Department and the Temple Authorities to the
following effect:-
“3. Though some photographs and computed guided pictures have been filed for the said proposed queue complex, even the sketch filed before this Court is not to the scale. Also, no technical report from the Engineer’s side has been filed as to how the proposed queue complex is going to be constructed.
4. Therefore, we direct the Engineering Division of the HR & CE Department to file a detailed technical report in support of the proposed queue complex construction at the Tiruvannamalai Temple premises.
5. For such compliance, post these matters on
25.09.2025.”
Only at that juncture, when the cases are taken up today, the aforesaid developments have taken place and it has been brought to our notice by the petitioners’ side.
10. The on-going construction, as we have stated herein above, inside the Temple premises is admitted by the HR & CE Department / Temple Authorities, however, on seeing a part of the construction, which has been shown before us by way of
photographs filed by the petitioner’s side, it discloses that, at least in some places or in a particular side, the on-going construction is just adjacent to the main wall of the Temple which is a heritage wall. The gap between the on-going construction and the main heritage wall is very minimal, like a lane. Therefore, if the on-going construction is permitted to be completed, it would be a big question as to whether the proposed construction would facilitate the devotees or would give an adverse impact by creating hindrance to the aesthetic beauty of the Temple itself, as the compound wall of the heritage Temple also since forms part of the Heritage Temple, no part of the Heritage Temple shall be exploited the way in which the HR & CE Department proposes to make the
construction, that too, inside the Temple, particularly, in the fourth
pragaram at the Arulmigu Arunachaleswarar Thirukoil,
Tiruvannamalai.
11. In view of the aforesaid, we direct the HR & CE
Department / Temple Authorities of the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai, to file a justification report with regard to the said construction, being taken up within the Temple premises, with supporting documents, which shall be filed during the next date of hearing.
12. Till such time, no further construction shall be made either inside the Temple premises or outside the Temple premises of the
Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai.
13. Since claims and counter claims, in this regard, have been made on many occasions during the hearing of these cases about the proposed construction or the on-going construction, in order to get the exact position which is existing in the Temple premises, we deem it appropriate that this Court should inspect the Temple premises of the Arulmigu Arunachaleswarar Thirukoil,
Tiruvannamalai and for the said purpose, we fix the date tentatively as 05.10.2025, which would be confirmed and communicated by
the Registry of this Court to the parties of this lis later.
14. Post these matters on 16.10.2025.
(R.S.K., J.) (S.S., J)
25.09.2025
drm

To:
1. The Secretary to the Government
Tourism, Culture and Endowments Department Secretary, Chennai – 600 009.
2. The Secretary to the Government Revenue Department, Secretariat Chennai – 600 009.
3. The Commissioner
Hindu Religious & Charitable Endowments Department 119, Nungambakkam High Road Chennai – 600 034.
4. The Commissioner of Land Administration Chepauk, Chennai – 600 005.
5. The District Collector Thiruvannamalai.
6. The Deputy Director of Town and Country Planning Chepauk, Chennai – 600 005.
7. The Municipal Commissioner Tiruvannamalai Municipality Tiruvannamalai.
8. The Chairman Board of Trustee Arulmigu Arunachaleswarar Thirukoil Pavazhakundur, Tiruvannamalai – 606 601.
9. The Joint Commissioner cum Executive Officer
Arulmigu Arunachaleswarar Thirukoil
Pavazhakundur
Tiruvannamalai – 606 601.
of 11
R. SURESH KUMAR, J.
AND S. SOUNTHAR, J.
(drm)
W.P.Nos.34810 of 2023 & 11240 of 2024
25.09.2025
of 11