BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.24624 & 24625 of 2025

1.S.Sachithanantham

2.S.Kulasekaran ... Petitioners Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Tourism, Culture and Religious Endowment Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Chidambara Nagar, Thoothukudi.

4.R.Muthu (R4 is impleaded by this Court vide order dated 25.11.2025 in W.M.P.(MD)No.26970 of 2025)

5.R.Maari

6.B.Kulasekaran

7.Chokkalingam Pillai

8.Rathinasamy

9.Arulmozhi (R5 to R9 are impleaded by this Court vide order dated 25.11.2025 in W.M.P.(MD)No.26874 of 2025) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent in G.O. (Ms)No. 410, Tourism, Culture and Religious Endowments (ANi 5.1) Department, dated 30.09.2025 and the impugned order passed by the 2nd respondent in Ni.

Mu.No. 12784/ 2022/E2, dated 02.05.2022, quash the same as illegal.

For Petitioner : Mrs.Rama Priya Senior Counsel for Mrs.S.Pavithra For Respondents : Mr.P.Subbaraj Special Government Pleader for R1 to R3 : Mr.K.Jeyamohan for R5 to R9 : Mr.U.Manogar for R4 : Mr.T.Antony Arul Raj for Intervenor

ORDER

Heard both sides.

2. The subject matter of this writ petition is a temple known as Sri Kulasekara Amman Temple, Urmelalagiyan Village, Kadayanallur Taluk, Tenkasi District. The case of the petitioners is that the temple is exclusively worshipped only by the Gomarathar families numbering around 150. Whether such a temple is a private temple or a denominational temple or a public temple need not be gone into in this writ petition. Suffice it to say that, objection was raised by the fellow villagers stating that the temple must be open for worship for members of the general public. The Additional Commissioner, HR & CE Department, Chennai issued the communication dated 02.05.2022 calling upon the Assistant Commissioner, HR & CE Department, Tenkasi to take action for appointing a fit person for the temple. Challenging the same, the second petitioner filed revision before the Government under Section 114 of Tamil Nadu HR & CE Act. Vide G.O.Ms.No.410, Tourism, Culture and Religious Endowment Department, the Government dismissed the revision petition.

Challenging the same, this writ petition came to be filed.

3. When the matter was taken up 'for admission' on 04.11.2025, the following order was passed:-

“Mr.P.Subbaraj, learned Special Government Pleader takes notice for the respondents

2.Call this case on 25.11.2025 at 2.15 pm.

3.There shall be an order of interim stay to the effect that no fit person appointed by the Hindu Religious and Charitable Endowments Department will take over the petition mentioned temple in the meanwhile.

4.The learned counsels for the intervenors submit that the members of other communities are not being allowed to offer their worship in the temple.

5.Without going into the merits of the matter, as an interim arrangement, it is directed that on Tuesdays and Fridays, the temple will be not only be kept open but the members of the other communities also will be allowed to offer their worship till the disposal of the writ petition. The temple will be kept open from 05.30 pm to 07.30 pm.”

4. The learned counsel appearing for the petitioners, on instructions, states that the arrangement set out in the interim order dated 04.11.2025 can continue till disposal of O.S.No.231 of 2025 on the file of the District Munsif Court, Tenkasi. She added that this concession would be without prejudice to their contentions in the suit. The said undertaking given by the writ petitioners is placed on r