Venkatesan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)No.16500 of 2025 and W.M.P(MD)No.12540 of 2025 1.Venkatesan 2.Sathyanarayanan 3.Govindhan 4.Rengarajan ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivakasi Zone, Madurai.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar District.

4.The Executive Officer, Arulmighu Andal Nachiar Devasthanam, Srivilliputhur.

5.The Chairman, 1/9

Board of Trustees, Arulmighu Andal Nachiar Devasthanam, Srivilliputhur.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation by reinstall the UtsavaMurthi of ArulmighuSrinivasaPerumal at Thiruvannamalai Hill Temple, in accordance with Vaikanasa Agama and traditional practices permanently and consequently permit and regularize the participation of hereditary trustees, including petitioners and other qualified individuals, in NithyaAradhanai and UtsavaKainkaryams at the Hill Temple, in accordance with historical usage and customs of NachiyarThirukkovil by considering the representation of the petitioner dated 05.03.2025.

For Petitioners : Mr.V.R.Shanmuganathan For M/s.B.Rukmani For R1 to R3 : Mr.S.S.Madhavan Additional Government Pleader For R4 : Mr.M.Kannan For Intervener : Mr.S.Madhavan

ORDER

This writ petition has been for a Mandamus to direct the respondents to reinstall the UtsavaMurthi of ArulmighuSrinivasaPerumal at Thiruvannamalai Hill Temple, in accordance with Vaikanasa Agama and traditional practices 2/9

permanently and consequently permit and regularize the participation of hereditary trustees, including petitioners and other qualified individuals, in NithyaAradhanai and UtsavaKainkaryams at the Hill Temple, in accordance with historical usage and customs of NachiyarThirukkovil by considering the representation of the petitioner dated 05.03.2025.

2. The petitioners are devotees and priests in the Arulmighu Nachiyar (Andal) Temple, Srivilliputhur.

3. The specific case of the petitioners is that the idol (Utsavar) of Arulmighu Srinivasaperumal Temple, Thiruvannamalai, which is presently housed within the Arulmighu Nachiyar (Andal) Temple, actually beongs to the Arulmighu Srinivasaperumal Temple. Due to security reasons, it was shifted. Now, the customs followed is that the aforesaid Utsavar is brought to the Srinivasa Perumal Temple, Thiruvannamalai on full moon days and all Saturdays during the Tamil Month of Puratasi. It is submitted that the Utsavar is kept in a dark room, which is contrary to the Agama Principles. Therefore, the position, which was prevailing prior to the adoption of the aforesaid practice has to be restored back. In this connection, a representation was submitted to the Hindu Religious and Chartiable Endowments department on 03.01.2025. It 3/9

is submitted that the Kumbabhishekam of the Arulmighu Srinivasaperumal Temple, Thiruvannamalai is proposed to be held on 14.07.2025. Therefore, the past practice which was adopted for the safety of the Utsavar be restored by placing the Utsavar in the Arulmighu Srinivasaperumal Temple, Thiruvannamalai. It is submitted that the stakeholders have also given their consent. However, the Joint Commissioner has stated that the above position is not possible in his memo/communication to the District Collector, Virudhunagar bearing Na.Ka.No.1400/202/Ne.K.v. Dated 16.05.2025.

4. Mr.S.Madhavan, learned counsel, appears on behalf of Dr.Vasudevan, the Sthanigar of Arulmighu Srinivasaperumal Temple, intervens that the submission of the petitioner is incorrect. In any event, all the stakeholders should be heard before any decision is taken by the Hindu Religious and Charitable Endowments Department.

5. I have considered the arguments advanced by the learned counsel for the petitioners, the learned Additional Government Pleader for the respondents 1 to 3, the learned counsel for the fourth respondent and the learned counsel for the intervener.

6. The writ petition is disposed of by directing the Commissioner either to 4/9

take a decision in accordance with the Rules applicable for determining the issue within a period of three months from the date of receipt of a copy of this order.

7. Since the Kumbabhishekam is proposed to be held on 14.07.2025, the Utsarvar is permitted to be taken to the Arulmighu Srinivasaperumal Temple from Arulmighu Nachiyar (Andal) Temple as per the usual practice.

8. In any event, such order shall be passed as expeditiously as possible keeping in mind that the Kumbabhishekam is proposed to be held on 14.07.2025. No costs. Consequently, the connected miscellaneous petition is closed.

20.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn Note: Issue order copy on 23.06.2025.

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To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivakasi Zone, Madurai.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar District.

4.The Executive Officer, Arulmighu Andal Nachiar Devasthanam, Srivilliputhur.

5.The Chairman, Board of Trustees, Arulmighu Andal Nachiar Devasthanam, Srivilliputhur.

6/9

C.SARAVANAN, J.

sn W.P(MD)No.16500 of 2025 20.06.2025 7/9

C.SARAVANAN, J.

This case is listed under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioners.

2. Having considered the arguments made by the learned counsel for the petitioners, the last line of Paragraph No.3 in the order dated 20.06.2025 in W.P(MD)No.16500 of 2025 shall be substituted as follows: "5. However, the Joint Commissioner has stated that the request will be considered after consulting with the stake holders in his memo/communication to the District Collector, Virudhunagar District bearing Na.Ka.No.1400/2025/Ne.K.v. Dated 16.05.2025."

3. Registry is directed to carry out necessary correction and issue fresh order copy to the parties.

27.06.2025 sn 8/9

C.SARAVANAN, J.

Sn 27.06.2025 9/9