Administrative rights over a religious institution cannot be claimed based solely on location; established management must be respected.

JUDGMENT :

S. SRIMATHY, J.

This writ appeal is filed by the petitioner in the writ petition challenging the order, dated 26.03.2024, passed in W.P.(MD)No.28087 of 2022.

2. The writ petition was filed for issuance of a Writ of Mandamus, to direct the respondents to form a Thiruppani Committee to expedite the reconstruction of the demolished Temple (Arulmighu Kazhani Udaiya Ayyanar alias Pannirendu Ayyanar and Sri Pathira Kaaliyamman Temple) situated in S.No. 6/1 comprises of 0.67.0 hectare in Aalapiranthan Revenue Village, Aranthangi Taluk, Pudukottai District, excepting persons who indulge in demolition of temple on the basis of the petitioner's representation, dated 05.12.2022.

3. The brief facts as stated by the writ petitioner are that long ago, the aforesaid temple was under the control of the King of Tanjore and now, is under the control of HR & CE Department. The temple contains ancient sculptures, Artha Mandapam, Maga Mandapam etc. with fine architecture. Also consists of main statues (suyambu form) inside the temple and other ancient monuments such as the statues of Ayyanar, Poorani, Pushkalai etc. Based on research the Archaeological Department states that this temple belongs to 18-19^th century. The main devotees of this temple are from villages such as Kanjiranvayal, Aalapiranthan, Karaiyapatti, Karuvadachery, Pachaloor, Kunnoor, Melur, Allampatti, Pallathivayal, Pariveeramangalam, Thulavoor, Perumalpatty Colony, Thaanchur, Naykarpatti, Vennaamazhiyenthal, Vediyangudi, Perunavaloor worship Lord Ayyanar as their “Kulathevam” (Clan God Temple). The festivals such as Sivarathiri and Chithirai Pournami are celebrated every year in a grand manner and during this festivals, Vanangamudi Pandarathaar Vagayara were being cherished in token of respect. The above said temple itself owns many lands. Inspite of so much glory this ancient temple was not at all maintained properly and small cracks were formed but was not noticed. Having knowledge about the glory some persons from Pachaloor Village had intentionally demolished the temple without even asking the people of the other villages and concerned authorities of HR&CE Department. Hence the petitioner submitted representation to the 3^rd respondent dated 27.04.2022 requesting to permit them to construct a new temple in the old place for their satisfaction and for the devotional needs of the people belonging to more than sixteen villages. While submitting the petition the petitioner had attached the photocopies of the old temple for reference purpose. In reply to the same, the 3^rd respondent communication in Na.Ka.No. 1306/2015/El dated 02.05.2022 had stated that on 29.04.2022 the Inspector and Assistant Engineer HR & CE had inspected the place and got to know about the demolition of the temple. Further, enquired the people of Pachaloor village and direction is issued to take action against the persons demolished the temple. Further directed to preserve the elephant statue and other idols of the temple. After consulting with the Regional Heritage Committee, High Court Committee appointed by the High Court and other concerned persons steps would be taken to do Thirupani along with the cooperation of the villagers. While that being so, some persons of Pachaloor village cleared the place without intimating to the HR & CE Department. Hence the 3^rd respondent had preferred complaint to the Inspector of Police, Aranthangi. It is further stated Rs.9,80,000/- (Rupees Nine Lakhs and Eighty Thousand only) was approved for the reconstruction of the above said temple. Thereafter, the petitioner further submitted another representation to the 3^rd respondent dated 01.08.2022 requesting for the formation of "Thiruppani Committee" in order to reconstruct the temple, but no action was taken, hence another representation dated 05.12.2022 was submitted for forming "Thiurppani Committee". In the second representation it was insisted that the persons who were involved in the demolition of temple, they sh