IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Krishna Devaraya – Appellant
Versus
The Commissioner Hindu Religious And Charitable Endowments Board – Respondent
WP No. 44347 of 2025 | W.M.P.No.49473 of 2025
| Table of Content |
|---|
| 1. mandamus writ for temple approvals and heritage compliance. (Para 1 , 2 , 3) |
| 2. allegations of agamic violations concerning construction modifications. (Para 4 , 5 , 7 , 8) |
| 3. court emphasized expert involvement for heritage inspections. (Para 6 , 9 , 10 , 11 , 12 , 13) |
| 4. writ petition provides a framework for heritage preservation during renovations. (Para 14) |
PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent herein, to produce all the approvals obtained by the 3rd respondent as stated in her affidavit before this Hon’ble court in WP No.22177 of 2025 together with approvals mandated by the orders passed by this Hon’ble High court in W.P.No.574/2015 the approvals in compliance with G.O.(Ms)No.171, dated 29.06.2013 issued by the Tourism, Culture and Religious Endowments (MA2) Department, and approvals under the Tamil Nadu Hindu Heritage Commission Act 2012 and all the other permissions obtained by the respondents that permits the construction, conservation and heritage of the Sri Devarajaswamy Temple at Kancheepuram in accordance with the Agamas and pass such other or futher orders.
For Petitioner(s): Mr.S.K.Srinivasan For Respondent(s): Mr.P.S.Raman, Advocate General assisted by Mr.N.R.R.Arun Natarajan Special Government Pleader for RR1 and 2 Mr.R.Bharanidharan for R3 Mr.Prakash Adiapadam for R4
ORDER
This Writ Petition is filed for a Writ of Mandamus, directing the 3 rd respondent to produce all the approvals obtained by the 3 respondent, as stated rd in her affidavit before this Court in W.P.No.22177 of 2025, together with approvals mandated by the orders passed by this Court in W.P.No.574 of 2015, approvals in compliance with G.O.(Ms)No.171, dated 29.06.2013, issued by the Tourism, Culture and Religious Endowments (MA2) Department, and approvals under the Tamil Nadu Hindu Heritage Commission Act 2012, and all the other permissions obtained by the respondents that permit the construction, conservation and heritage of the Sri Devarajaswamy Temple at Kancheepuram, in accordance with the Agamas, and to pass such other or further orders.
2. Upon hearing Mr.S.K.Srinivasan, learned counsel appearing on behalf of the petitioner, and perusing the affidavit and other records of the case, the petitioner's grievance is that he is a devotee of the said temple and a lineal descendant of the Kings who originally constructed it. The temple is a premier 12th century Vishnu shrine, recognised as one of the 108 Divya Desams, and the sacred Athi Varadar idol is kept underwater and brought out once in 40 years. The temple has been proven to have been constructed more than a thousand years ago. Though some structures were added subsequently, all the structures are heritage structures of at least 500 years’ standing. The entire temple is built of granite and has great heritage and archaeological value, reflecting the life and times.
3. Apart from this, the entire temple was built with great devotion and follows the Pancharatra Agamas. There is meaning in every entry and exit in the temple, as well as in the manner in which the deity has to be worshipped. Everything is covered by the various facets of the Agamas. Now, more people have started visiting the temple, especially during holidays and weekends. Citing crowd management as the sole reason, several works are carried out under the guise of performing kudamuzhukku, and such works are in violation of the Agamas.
4. Earlier, when certain interested devotees filed W.P.No.22177 of 2025, this Court permitted the renovation works to be carried out, after recording an undertaking that no damage would be caused to the heritage structure and that the sannadhi, deities, and murals would not be disturbed in the said process. Firstly, the said order was passed without taking into consideration the provisions of the Tamil Nadu Heritage Commission Act, 2009, which had come into force with effect fr
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