IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. BHARATHA CHAKRAVARTHY, J.
Shanmugam & Ors. - Petitioners
Versus
The Commissioner, HR & CE Department, Nungambakkam, Chennai & Ors. - Respondents
W.P.Nos.12661 and 13290 of 2025 and W.M.P.Nos.14256, 14257 and 14873 of 2025
Decided On : 08-04-2025
| Table of Content |
|---|
| 1. petitioner seeks to conduct temple festival. (Para 2) |
| 2. arguments over who should manage the festival. (Para 3 , 4 , 5) |
| 3. court's emphasis on compliance with regulations. (Para 6 , 8 , 9) |
| 4. court's assessment of timeline and compliance. (Para 7) |
| 5. final order on conducting the festival. (Para 10) |
ORDER :
These two Writ Petitions are interconnected and as such, are taken up together and disposed of by this common order.
2. The petitioner in W.P.No.12661 of 2025 namely, Shanmugam, is aggrieved by the action of the respondents in not permitting him and the people of the village in going ahead with the performance of Kudamuzhukku from 10.04.2025 to 11.04.2025. It is his case that the temple is a small temple and as a non-hereditary trustee, he took all care to properly renovate the temple and rajagopuram is also now constructed and long before, a public announcement was made with reference to the conduct of Kudamuzhukku by looking for the auspicious day and public notice was also printed and distributed and now, when the public are gathering in the said village, when the function is about to start on 10.04.2025, the same is sought to be stopped. Therefore, he is before this Court.
3. The petitioner submits that he does not have any personal agenda with reference to the same and submits that let the act of devotion be proceeded and the Kudamuzhakku of the temple be carried on, on the auspicious day as originally planned. He even submits that everyone can be involved in whatever manner decided by the authorities and the festival can be conducted together as originally proposed.
4. Per contra, Mr.D.Nandhagopal, the learned Counsel for the petitioner in W.P.No.13290 of 2025 would submit that the petitioner namely, Sivaraj, has come up with contra prayer. It is his contention that Thiruppani Committee has to be first constituted and only the Thiruppani Committee can undertake all these things. It is his further contention that he has certain customary rights being the priest of the temple. In violation of all the rights, the non-hereditary trustee is proceeding with the matter without consulting the other persons.
5. Mrs.V.S.Usharani, the learned Counsel, supporting the case of the petitioner in W.P.No.13290 of 2025 namely, Sivaraj, would submit that already, she filed W.P.No.12186 of 2025 with reference to the same and this Court directed the authorities to conduct an enquiry and they have all appeared before the authorities and the enquiry had been conducted and a decision was taken. Therefore, the prayer, as made by the non-hereditary trustee, should not be acceded to.
6. Mr. N.R.R. Arun Natarajan, learned Special Government Pleader for the HR & CE Department would submit that as directed by this Court, the matter was taken up for enquiry. Both sides were given opportunity. It is found by the authorities that the entire process is taken up without even any permission whatsoever from the Department. None of the directions that are given by the Division Bench of this Court in W.P.No.574 of 2015 are complied with. Neither the State Level Expert Committee nor the Regional Level Expert Committee has looked into the nature of works that are being carried on. The permission of the authorities was not even sought for. Therefore, considering all that and even though works are carried on, once again, all these procedures have to be complied with and then only, Kudamuzhukku can be carried on. Therefore, an order was passed on 07.04.2025 stating that the Kudamuzhukku cannot be proceeded with. Once again, proper application should be made and permissions will be granted and the Committees will inspect and will also take into consideration the nature of work that was already carried on and if any further works to be carried on or any other suggestions that are given by the Committees, the same will have to be carried out and once the improvements of the temple are finalised, another auspicious date will be fixed at the earliest. In an
AI
Festivals and renovations at temples require strict adherence to regulatory procedures and permissions from expert committees.
The court affirmed the petitioners' right to conduct the Kudai Festival pending resolution of legal disputes regarding temple administration, emphasizing due process and respect for ongoing litigatio....
The court emphasized the importance of expert evaluation and adherence to heritage compliance in temple renovations.
Renovation of heritage structures requires adherence to expert committee guidelines, and moving deities is permissible if it respects heritage integrity and customary rights.
The courts recognized that administrative decisions must be based on relevant materials, but procedural flaws may not always warrant intervention if community interests are respected.
Writ court cannot direct revenue authorities for temple renovation without prior civil declaration of private status or HR&CE permission.
Administrative rights over a religious institution cannot be claimed based solely on location; established management must be respected.
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