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WP No.50407 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

WP No.50407 of 2025

Mr.P.Palaniappan

S/o Perumalgounder

Trustee, Shri Bhramalingeshwar Temple

No.138, West street, Kokkarayanpettai

Namakkal 638 007

Petitioner

Vs

1. The Commissioner

Hindu Religious and Charitable

Endowments Department

Uttamar Gandhi Salai

Chennai 600 034

2.The Joint Commissioner

Hindu Religious and Charitable

Endowments Department

Chellapandian Street,

Namakkal District 637 001

Respondents

Petition filed under Article 226 of the Constitution of India, praying for

issuance of a Writ of Mandamus, directing the 2nd respondent to accord

permission for taking the idols of A/M Thillai Natarajar, A/M Sivagami and the

associate deities from A/M Thiru Thondeeshwarar Mutt, Kottai, Erode to the

A/M Shri Bhramalingeshwar Temple, Namakkal for performing the

Thiruvadharai event on 2nd and 3rd of January 2026 based on the representation

dated 20.12.2025.

For Petitioner: Mr.A.Mohamed Ismail

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WP No.50407 of 2025

For Respondents: Mr.K.Karthikeyan

Government Advocate (HR&CE)

ORDER

The petitioner is the trustee of Arulmighu Shri Brahmmalingeshwarar

Temple, Kokkarayanpettai, Kumaranpalayam, Namakkal District. He pleads

that for the ensuing jpUthjpiu event, the villagers and the trustees have

resolved to take the following cw;rth; idols, namely, (i) Arulmighu Thillai

Natarajar, (ii) Arulmighu Sivagami and other associate deities from the

Thondeeshwarar Mutt, Kottai, Erode and place them for worship at Arulmighu

Brahmmalingeshwarar Temple. He states that though the trustees have taken a

decision, the H.R. & C.E. Department is yet to give their formal approval,

consequently he is before this Court.

2. I heard Mr.A.Mohamed Ismail for the petitioner and

Mr.K.Karthikeyan, learned Government Advocate for the H.R. & C.E.

3. After narrating the facts, Mr.Ismail pleaded that jpUthjpiu is to be

celebrated on 2^nd and 3^rd of January, 2026 and in order to enable the villagers

and other devotees to offer their worship to Arulmighu Natarajar, the trustees

decided to take the cw;rth; idols from Thondeeshwarar Mutt and place them in

the Arulmighu Brahmmalingeshwarar Temple. He pleads that this was

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WP No.50407 of 2025

necessitated, since there is no cw;rth; idol of Arulmighu Natarajar or

Arulmighu Sivagami in the temple. He states that the Managers of

Thondeeshwarar Mutt have agreed to the proposal made by the trustees of

Arulmighu Brahmmalingeshwarar Temple and have stated that they will give

the idols for two days, namely, 2^nd and 3^rd January, 2026.

4. Mr.Karthikeyan states that the Thondeeshwarar Mutt is not under the

control of H.R. & C.E and therefore the issue of H.R. & C.E granting

permission for taking the idols from the mutt and placing them in the Arulmighu

Brahmmalingeshwarar Temple does not arise at all. He further states that the

Department is not in a position to afford security for the idols brought by the

petitioner and it is upto the petitioner to workout the necessary security

arrangements.

5. I have carefully considered the submissions of both sides and gone

through the records.

6. As rightly submitted by Mr.Karthikeyan, the H.R. & C.E Department

cannot give a direction to the Mutt to handover their idols to the petitioner for

the purpose of display and worship in a listed temple. The control of the

property and assets of the Mutt are with the Madathipathi or the Manager

appointed to that effect. If the Mutt is willing to handover the idols for the

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WP No.50407 of 2025

purpose of display and worship on 2^nd and 3^rd of January, 2026, the petitioner

may do so at his own risk. The H.R. & C.E Department will not be responsible

in any way for the cw;rth; idols which are brought by the petitioner for

placement in the temple.

7. The w