IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on : 02.12.2025 Order pronounced on : 09.01.2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

W.P.No.43377 of 2025

& WMP.Nos.48511 & 48552 of 2025

Arulmigu Buvaneswari Ammal Temple,

Represented by its Managing Trustee

Nachiappan S/o.Subramanian,

Bharathidasan Colony,

K.K.Nagar, Chennai – 78. ... Petitioner

Vs.

1.The Assistant Commissioner – II,

Hindu Religious & Charitable Endowment Department,

Chennai – 600 034.

2.The Executive Officer,

Arulmigu Sakthi Vinayagar Temple,

K.K.Nagar, Chennai – 78. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings Se.Mu.Na.Ka.No.877/2025/B2 dated 16.06.2025 issued by the

1^st respondent and to quash the same as illegal and no jurisdiction.

For Petitioner : Mr.R.M.Arun Swaminathan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

The writ petitioner challenges the proceedings in Si.Mu.Na.Ka.887/2025/B2 dated 16.06.2025 on the file of the 1^st respondent.

2.I have heard Mr.R.M.Arun Swaminathan, learned counsel for the writ petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for the respondents.

3.Mr.R.M.Arun Swaminathan, learned counsel appearing for the writ petitioner would submit that the residents of Welfare Association of Flats, promoted by the Tamil Nadu Housing Board, established the temple Arulmighu Bhuvaneswari Amman, along with shrines for Vinayagar, Subramaniar, Iyyappam, Sri Rama, Sita, Lakshmana, Hanuman, as well as Navagrahas. The Welfare Association was subsequently registered in the year 1991 under the name and style of Arulneri Narpani Mandram and the said Association also performed Kumbabishegam for the said temple in July 1986. The learned counsel for the petitioner would further contend that the temple has always been maintained and managed only by the said Association and they even moved the Joint Commissioner in O.A.No.14 of 2004 under Section 64(1) of the HR & CE Act, seeking for a scheme to be framed. On 02.08.2010, the Joint Commissioner framed a permanent scheme, which was also notified on 03.06.2011.

4.It is the contention of the learned counsel for the petitioner that ever since, the temple has been managed without any interference from the department. The learned counsel for the writ petitioner would further submit that the Board of Trustees had taken a decision to perform Kumbabishekan and started preparatory works in advance. However, to their shock, the Hon'ble Minister for the HR & CE Department had announced on the Assembly Floor in the Budge speech for the year 2025-2026 that Kumbabishekan would be performed for the petitioner temple. The learned counsel for the petitioner would also submit that such announcement was unilateral, arbitrary and without even consulting the Board of Trustees, who have already, in fact, taken preparatory steps to perform the Kumbabishekam.

5.The learned counsel for the petitioner would further state that the Board of Trustees never approached the Department or the Government for that matter, seeking funds and even on earlier occasion, the temple Kumbabishekam was performed only out of the donations and funds of the residents of the Welfare Association, with no Government aid whatsoever. In such circumstances, the learned counsel for the petitioner states that the impugned proceedings, appointing a fit person to the petitioner temple is without jurisdiction and unconstitutional.

6.The petitioner challenges the impugned proceedings on the grounds that it was firstly without notice to the Board of Trustees and secondly, there is no allegation of mismanagement or maladministration, which is a prerequisite for appointment of a fit person. He also states that the Kumbabishegam being a sacred consecration ritual which is usually performed once in every 12 years, a very auspicious date has to be selected, taking into account various factors