R.Arasu v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2026
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.13065 of 2026 R.Arasu ... Petitioner Vs.
1.The District Collector, Madurai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.
3.The Inspector, Office of Inspector, Hindu Religious and Charitable Endowments Department, Melur Shivan Temple, Melur, Madurai.
4.The Superintendent of Police, Madurai.
5.The Inspector of Police, Melur Police Station, Melur, Madurai.
6.A.Subramani Page No. 1 of 8
7.K.Ramaiah 8.C.Chinnaian ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first to third respondents not to permit any person including Subramani and his associates, from collecting money on behalf of the temple administration and from claiming first honour during temple festival on 01.07.2026 in the Arulmigu Chinnayan Kovil Temple, Surakundu Village, Melur and consequently direct the respondent authorities to take physical possession of the Arulmigu Chinnayan Swamy Temple and forthwith appoint a fit person for managing the collected money for the temple festival and further administer the temple properties.
For Petitioner : Mr.R.Raghaev For R1 to R3 : Ms.P.Sudarkodi Natchiar Counsel for Government of Tamilnadu For R4 & R5 : Mr.S.Arun Arockiasamy Government Advocate (Crl. Side) For R6 to R8 : Mr.R.Vijaya Chastrapathy ******
O R D E R
The petitioner is before this Court seeking the issuance of a Writ of Mandamus directing the first to third respondents not to permit the private Page No. 2 of 8
respondents either to collect contributions/donations from the devotees or to be conferred the first honour (Kjy; khpahij) in the subject temple, namely, Arulmigu Chinnayan Kovil Temple, Surakundu Village, Melur, during the temple festival scheduled to be held on 01.07.2026.
2. The learned counsel for the Hindu Religious and Charitable Endowments Department (hereinafter referred to as "HR & CE"), the learned counsel for the private respondents and the learned Government Advocate (Criminal Side) appearing for the official respondents, are present.
3. The case of the petitioner appears to be that the private respondents have criminal antecedents, in respect of which the petitioner had already lodged a complaint in Crime No.83 of 2015 before the B1 Police Station, Melur and that the said complaint was closed, against which the petitioner had also filed a protest petition. A reference is drawn to the order of the learned Judicial Magistrate, Melur, dated 20.04.2021, passed in Criminal Miscellaneous Petition No. 2133 of 2018.
4. The learned counsel appearing for the HR & CE would submit Page No. 3 of 8
that since the subject temple comes within the purview of the H.R. & C.E. Department, the temple festival is only overseen by the Inspector of H.R. & C.E. and that the administration of the temple is otherwise left to the members of the village community.
5. The learned counsel for the private respondents would submit that the petitioner himself was a member of the Administrative Committee of the temple and he was subsequently removed and that he has been nurturing ill feelings against the private respondents. Therefore, he had earlier lodged a complaint, which culminated in the registration of an FIR in Crime No. 83 of 2015 and the same was, after investigation, subsequently closed. The learned counsel for the private respondents would further submit that the private respondents are willing to furnish the details of the collections made and the expenses incurred in connection with the temple festival. He further submitted that no first honour is conferred on any person in the temple. The learned counsel for the private respondents would submit that the honour alleged to have been conferred is only 'Samiyadi' (rhkpahLjy;) and that there is no privilege such as the conferment of a first honour on any person. Page No. 4 of 8
6. The learned counsel for HR & CE also confirms the same.
7. The statement of the learned counsel for the H.R. & C.E. Department as well as the learned counsel for the private respondents stands recorded.
8. Although the petitioner had given a complaint on 10.06.2026 and thereafter filed the present Writ Petition on 22.06.2026, the arrangements made by the private respondents cannot now be set at naught so as to jeopardize the temple festival, which is scheduled to commence this evening.
9. Suffice it to state that the H.R. & C.E. Department shall ensure that the provisions relating to the collection of income and the incurring of expenditure, namely, Rule 5-A of the Collection of Income and the Incurring of Expenditure Rules, are complied with by the private respondents in letter and spirit, although they have not been specifically authorized in this behalf. If the authorities find any instance of misuse or misappropriation of the contributions/donations collected from the devotees, appropriate action may be taken against the private respondents. Page No. 5 of 8
10. As far as the conferment of any privilege in the temple is concerned, it is for the parties to work out their remedy under Section 63(e) of the H.R. & C.E. Act, 1959. Since the village temple has a large following in the community and since there are competing interests with regard to its administration, the H.R. & C.E. Department may explore the possibility of framing a Scheme for the proper administration of the temple under the provisions of the H.R. & C.E. Act. Needless to state, before framing such a Scheme, notice shall be issued to the concerned stakeholders in accordance with the provisions of the H.R. & C.E. Act.
11. It is made clear that the respondents shall not resort to the excommunication of any person, including the petitioner, as the petitioner is equally entitled to participate in the temple festival, which has been the practice from time immemorial.
12. The jurisdictional police are directed to ensure that there is no law and order situation during the temple festival and to deploy adequate police personnel for the same.
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13. With the above observations and directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
30.06.2026 JEN NCC : Yes / No Index : Yes / No To 1.The District Collector, Madurai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.
3.The Inspector, Office of Inspector, Hindu Religious and Charitable Endowments Department, Melur Shivan Temple, Melur, Madurai.
4.The Superintendent of Police, Madurai.
5.The Inspector of Police, Melur Police Station, Melur, Madurai.
Page No. 7 of 8
C.SARAVANAN, J.
JEN 30.06.2026 Page No. 8 of 8