We make it clear that, this temporary arrangement on formation of the queue complex will remain till a permanent solution is arrived at after getting a report from the Heritage Commission, for which, constitution has already been directed to be completed within one month’s period. 17. For the aforesaid compliance and to proceed further in this matter, post this case on 18.12.2025. (R.S.K., J.) (S.S., J.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.11.2025
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.)
In our last order dated 09.10.2025, we emphasized two
aspects. The first one was that, for some of the works/civil works undertaken by the Temple Authorities at Arulmigu Arunachaleswarar Thirukoil at Tiruvannamalai, specific permissions were given and for some of the works, especially the civil works which are either proposed or being undertaken inside the said Temple, permissions were not given and in fact, we have passed a prohibitory order, which we have specifically made in paragraph 9 of our order dated 09.10.2025.
2. That apart, in paragraph 8, we have given a direction to constitute the Tamil Nadu Heritage Commission within the meaning of Section 3 of the Heritage Commission Act, 2012, consisting of Members as per the composition of Section 4 of the said Act, at the earliest, within a period of four weeks from the date of receipt of a copy of the said order and in fact, we wanted the compliance report to be filed before this Court. That apart, we have also directed the Temple Authorities of the said Temple to file a justification report/technical report or any other additional documents or
literatures to proceed further in the matter.
3. In pursuance to the said order passed by this Court, today, on behalf of the HR & CE Department, a justification report has been filed by the Assistant Commissioner (Lands) for the Joint
Commissioner cum Executive Officer of the Temple dated 13.11.2025. Inter alia, in the said report, the Temple Authorities emphasized the need and requirement for construction of the queue complex, annadhana koodam and some other constructions/facilities
within the Temple premises.
4. But, it is to be noted that, none of the constructions have
been made after getting a nod from the Temple Heritage Commission, because, the said Commission itself has not been constituted, despite the Heritage Commission Act, 2012, has come into effect from 1st March, 2024. Had the Commission been
constituted earlier, certainly, these kinds of civil constructions, which were proposed by the Temple Authorities within the Arulmigu Arunachaleswarar Thirukoil at Tiruvannamalai, being a heritage
Temple, would have been brought under the purview of the Heritage Commission and the Heritage Commission also would have been in a position to have a detailed inspection of the Temple and thereafter, based on their expertise, a report would have been filed
before the Government/HR & CE Department as to whether the Temple Authorities should go ahead with the proposed construction
within the Temple premises.
5. Since the Commission has not been constituted even till now, even though for which some preparatory works have been undertaken by the Government pursuant to, of course, the
directions given by our last order dated 09.10.2025, these civil works have been persuaded by getting the permission either from the State Government or from the State Level Expert Committee and Regional Level Expert Committee, constituted pursuant to the
orders passed by a Coordinate Bench of this Court.
6. Be that as it may, insofar as any construction which is permanent in nature to be made within the Temple premises of a Temple like Arulmigu Arunachaleswarar Thirukoil at Tiruvannamalai, being a heritage Temple, especially after the Heritage Commission Act, 2012, has come into effect from 1st March, 2024, those constructions should have been permitted by the Heritage Commission, to whom these issues should have been referred. Unfortunately, the Commission had not been immediately
constituted even though the said Act has come into effect from 1st March, 2024.
7. Now, an affidavit also has been filed today by the Joint
Secretary to Government, Tourism, Culture and Religious Endowments Department, dated 13.11.2025, where, inter alia, it was stated that the Commissioner of Archeology has already been contacted to supply details to nominate two Members, as required under Section 4(1)(m) and (o) of the said Act, who are conversant with Archeology and the list of persons from any Non-Governmental Organizations involved in heritage management and cultural affairs. The Commissioner of Archeology also has given his reply on
03.11.2025 and submitted the details as requested. As per Section 10 of the said Act, necessary action is also taken for sanctioning of the required posts in various categories for the efficient functioning of the Tamil Nadu Heritage Commission. The Rules for the Tamil Nadu Heritage Commission also would be issued shortly and the
Heritage Commission will be constituted within three months’ period by following due process. These are the averments mainly made in
the affidavit filed by the Joint Secretary to the Government.
8. Therefore, some works have been initiated on the side of the Government to constitute the Heritage Commission, yet, the work is not fully completed, for which, they though seek three months’ time, we deem it appropriate to grant one month’s time to the Government to constitute the Tamil Nadu Heritage Commission
and file a report to that effect before this Court.
9. The reason for such time frame made by this Court is that,
not only in the Arulmigu Arunachaleswarar Thirukoil at Tiruvannamalai, but in various Temples and Religious Institutions, which are having a huge value in the State of Tamil Nadu, if these kind of constructions or improvements or developmental activities are to be undertaken by the HR & CE Department or anyone, the nod and permission of the Tamil Nadu Heritage Commission since is very much required, earlier constitution of the Commission became imminent. That is the reason why we are inclined to grant only one
month’s time to the State Government to constitute the
Commission.
10. Once the Commission is constituted, this Court may further explore the possibilities of involving the Heritage Commission as to the justifiability of the HR & CE
Department/Temple Administration of the Arulmigu
Arunachaleswarar Thirukoil at Tiruvannamalai for going ahead with the civil constructions, that too, within the Temple premises itself. Therefore, till such time the Heritage Commission is constituted and further orders to that effect are passed by this Court on the basis of the views to be expressed by the Heritage Commission after having inspected the Temple premises, the civil construction proposed or
being undertaken within the Temple premises shall not be
proceeded further and in this regard, our earlier prohibitory order
dated 09.10.2025 shall continue until further orders.
11. However, Mr.NRR.Arun Natarajan, learned Special Government Pleader appearing for the HR & CE Department has
brought to our notice that, the Temple Administration has fixed the Karthigai Maha Deepam Festival on 03.12.2025. He further submits that, more than twenty lakhs people are expected to attend and in order to meet such a huge devotees’ crowd, in three days or at least two days, especially on the day of Maha Deepam on
03.12.2025, elaborate and adequate safety arrangements are to be made by all concerned, which includes the District Administration of
the Tiruvannamalai District, Local Authorities and Police Department. That apart, very elaborate arrangements are also to be made by the Temple Authorities inside and outside the Temple premises, as some limited number of devotees alone would be allowed inside the Temple and the other devotees would be permitted to have a glimpse of the Maha Deepam from outside the Temple.
12. At any rate, to meet the crowd of the devotees, who may wish to have a dharshan of Lord Shiva on that auspicious day itself, there will be a large crowd thronging towards for having the dharshan of Lord Shiva. In order to regulate such crowd, the long queue format must be established and for such arrangement, the learned Special Government Pleader has filed a draft sketch before this Court. In that draft sketch, as has been proposed by the Temple Authorities, they want to take the queue from the eastern side Raja Gopuram to the Southern side Gopuram, where, they want to take the queue inside the temple towards the sanctum sanctorium.

13. On seeing the same, such route, as proposed by the Temple Authorities, would make the Temple Authorities to utilize the half completed queue complex constructed between the fourth and fifth pragaram, which is one of the objectionable construction which has been prohibited by our earlier order dated 09.10.2025, however, we have made an alternate arrangement to the Temple Authorities through the learned Special Government Pleader.
14. Accordingly, the devotees could be taken from the Eastern
Gopuram, as proposed by the Temple Authorities up to the
Southern Gopuram. From there, along side of the outer wall of the Temple, that is outside of the fifth pragaram, the devotees could be taken through the queue and they could be permitted to get inside through the western tower, that is the Pei Gopuram, from where, already existing queue route could be utilized to reach the sanctum sanatorium. After having dharshan, the devotees could straightaway be taken outside through the southern tower, that is the Southern Gopuram, which is very short distance and could be easily covered.
15. Once this arrangement is made on a temporary basis, tillpermanent alternate arrangements are provided after completion of this lis, a large number of devotees could have dharshan of Lord Shiva at Arulmigu Arunachaleswarar Thirukoil at Tiruvannamalai without much hurdle. These of the suggestions given by the Court, the learned Special Government Pleader, on instructions from the Temple Authorities, has agreed to implement.
16. We make it clear that, this temporary arrangement on formation of the queue complex will remain till a permanent solution is arrived at after getting a report from the Heritage Commission, for which, constitution has already been directed to be completed
within one month’s period.
17. For the aforesaid compliance and to proceed further in this
matter, post this case on 18.12.2025.
(R.S.K., J.) (S.S., J.)
13.11.2025
Speaking Order/Non-Speaking Order
Neutral Citation: Yes/No
Internet: Yes/No Index: Yes/No
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.
R. SURESH KUMAR, J.
AND S. SOUNTHAR, J.
(drm)
W.P.Nos.34810 of 2023 & 11240 of 2024
13.11.2025