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2026 Supreme(Online)(Mad) 42292

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
Arulmighu Kaliamman Temple – Appellant
Versus
Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department – Respondent
W.P(MD)No.13282 of 2026



Advocates:
For the Appellants/Petitioners: R.G.Shankar Ganesh
For the Respondents: J.K.Jayaseelan

Administrative disputes concerning temple management should not prevent the consideration of urgent applications for the reconstruction and restoration of damaged religious structures.

Headnote:This petition involves the interpretation of Article 226 of the Constitution of India regarding the right to seek a writ of mandamus for the repair and reconstruction of religious structures. The petitioners sought permission from authorities to reconstruct a demolished portion of a temple. The court observed that administrative disputes should not hinder immediate restoration efforts. The central issue was whether pending administrative disputes regarding temple management should bar the consideration of renovation requests. The court reasoned that immediate preservation of the structure is a priority, and procedural requirements for committee approvals could be addressed alongside administrative clarifications. The writ petition stands disposed of accordingly.

Table of Content
1. petitioners seek a writ of mandamus for temple reconstruction based on their administrative status. (Para 1 , 2)
2. respondents contest the application based on pending administrative status and procedural prerequisites. (Para 3)
3. court directs authorities to consider the application for reconstruction while managing administrative concerns. (Para 4 , 5 , 6)

THE HON'BLE MR JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.13282 of 2026 Arulmighu Kaliamman Temple, Oonjampatti, Theni District, represented through its hereditary trustees

1.Thanngaraj

2.T.Murugesan ... Petitioners .Vs.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Theni. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to accord sanction/permission for reconstruction/renovation of the demolished portion of Arulmighu Kaliamman Temple, Oonjampatti Village, Theni District on the basis of the Petitioner’s representations, dated

30.3.2026and 13.4.2026.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.J.K.Jayaseelan Govt. Advocate

O R D E R

This writ petition is filed for a mandamus to direct the second respondent to accord sanction / permission for reconstruction/ renovation of the demolished portion of Arulmighu Kaliamman Temple, Oonjampatti Village, Theni District, on the basis of the petitioners'

representations dated 30.03.2026 and 13.04.2026.

2.Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is submitted that earlier a third party had unauthorizedly demolished the portion of the temple, against which a criminal case was also registered. Now, by the earlier order in W.P(MD)No.9615 of 2026, the petitioner is also permitted to be in the administration of the Temple. Therefore, in that capacity, the petitioner has made an application to the authority to permit him to complete the construction in respect of the demolished portion.

3.When the matter came up for hearing, the learned Additional Government Pleader appearing on behalf of the respondents would submit that firstly the dispute with reference to the administration of the temple is still pending and the same can be decided first before taking up the work. In any event, the petitioner has to approach the appropriate committee for permission before taking up the work.

4.I have considered the rival submission made on either side and perused the material records of the case.

5.The dispute between the trustees or who should be in the administration of the temple need not be a deciding factor for completion of the reconstruction of the demolished portion of the temple. Since it is submitted that as on date the petitioner is permitted to continue in the administration of the temple, let the application of the petitioner by way of representations dated 30.03.2026 and 13.04.2026 shall be taken up for consideration by the 1st respondent. Let the first respondent issue notice to the petitioners and any other person interested in the temple and after hearing them pass orders making decision with reference to the desirability of the immediate reconstruction of the demolished portion. Once the decision is taken, then due advise can also be given to the petitioner as to the form in which he has to submit the application before the District or the State Committee as the case may be and permission can be obtained in the manner known to law.

6.In view of the above, this writ petition stands disposed of accordingly. No costs.

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