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CDJ 2026 MHC 1359 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD). No. 5799 of 2026 & W.M.P.(MD). Nos. 4821 & 4829 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : K.R. Periyakaruppan & Others Versus The Commissioner, Hindu Religious & Charitable Endowment Department, Chennai & Others
Appearing Advocates : For the Petitioners: K. Balasubramanian, Senior Counsel, M/s. KBS Law Office, Advocate. For the Respondents: R1, R2, R4 & R5, J.K. Jayaseelan, Government Advocate, R3 & R7, K. Gnanasekaran, Government Advocate (Crl. Side), R6, G. Mathavan, R10, V.R. Shanmuganathan, Advocates.
Date of Judgment : 03-03-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- HR & CE (Hindu Religious and Charitable Endowment Department)
- Rules of HR and CE
- SLEC (State Level Empowered Committee)

2. Catch Words:
- Mandamus
- Demolition
- Renovation
- Kumbabishekam
- Police protection
- Participation

3. Summary:
The petition seeks a writ of mandamus directing authorities to act against the demolition of a horse statue at a temple and to reconstruct it before a scheduled festival. The government contends the demolition had SLEC permission and reconstruction will follow. The respondents argue the festival (Kudamuzhukku) on 08.03.2026 should proceed as fixed and the statue can be completed later. The Court notes the demolition was authorized, the statue’s reconstruction will occur post‑festival, and police will ensure peaceful participation. It directs inspection of the completed work and public notice of any separate pooja. The petition is therefore dismissed, and related miscellaneous petitions are closed.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first, fourth and fifth respondents to take appropriate action against the eighth and ninth respondents for the demolition of the Horse Statue situated in front of Ayyanar Sannathi of Arulmighu Shri Kannudaiya Ayyanar Temple, Pudunilaipatti Village, Keezhanilaikottai Post, Thirumayam Taluk, Pudukkottai District without proper permission from competent authority and consequently direct the first, fourth and fifth respondents to appoint any other Fit Person other than the eighth respondent to Arulmighu Shri Kannudaiya Ayyanar Temple, Pudunilaipatti Village, Keezhanilaikottai Post, Thirumayam Taluk, Pudukkottai District and to construct the Horse Statue by following due process of Rules of HR and CE and complete the renovation and repair work and conduct Kumbabishekam on some other date except on 08.03.2026, by considering the petitioner's representation dated 24.02.2026 within a time stipulated by this Court.)

1. This Writ Petition is filed for a Mandamus to take appropriate action against the eighth and ninth respondents for demolition of the horse statue situated in front of the Ayyanar Sannathi of Arulmighu Shri Kannudaiya Ayyanar Temple, Pudunilaipatti Village, Keezhanilaikottai Post, Thirumayam Taluk, Pudukkottai District, without proper permission from the competent authority.

2. The learned Senior Counsel appearing on behalf of the petitioners would submit that even though the prayer is made with reference to the horse statue alone, the grievance of the petitioners is that they are not even being permitted to properly participate in the affairs of the temple. When the temple is now being renovated and Kudamuzhukku is proposed to be conducted, they are not even allowed to participate. They are willing to donate and contribute towards the renovation/civil constructions, which is also not being accepted from them. It is stated that the Government has sanctioned the amount, but within the sanctioned amount, no quality construction of the horse or the other structures is possible. The authorities want to celebrate the Kudamuzhukku in a hurried manner and therefore, they are spoiling the very stability and structure of the temple itself. Further, in the name of protection, heavy police force will be deployed and the participation of one set of people is totally being prevented. Unless a due date is fixed and directions are given by appointing an Advocate Commissioner to oversee the entire episode, the petitioners’ valuable right to worship their family deity will be affected.

3. The learned Government Advocate appearing on behalf of the Hindu Religious and Charitable Endowment Department would submit that, in this case, for the renovation, the Government has sanctioned the amount. No public donation has been accepted and therefore, a Thiruppani Committee is not necessary. As far as the horse statue is concerned, the same was demolished only after obtaining due permission from the SLEC (State Level Empowered Committee), and it will be duly reconstructed. 4. The learned counsel appearing on behalf of the Executive Officer/Fit Person would submit that already repeated litigations have been made in respect of the very same Kudamuzhukku and that this is the fifth Writ Petition. Earlier, this Court has given the go-ahead for the date of Kudamuzhukku originally fixed by the Department on 08.03.2026. According to him, this is yet another attempt to stop the same. As far as the horse statue is concerned, the same is being constructed and after considering the relevant traditions of the temple, it has been opined that the horse statue can be completed even after the Kudamuzhukku and that a separate pooja can be held for the horse also.

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

6. As far as the demolition of the horse statue is concerned, the same was undertaken after obtaining permission from the SLEC (State Level Empowered Committee). As far as the construction of the horse statue is concerned, it is admitted that it will not be completed before the Kudamuzhukku that is already fixed on 08.03.2026. Stopping the Kudamuzhukku at the last minute by this Court will be done only under extraordinary circumstances and for strong reasons, as it also affects the sentiments of the devotees. Therefore, the same cannot now be resorted to at the last minute.

7. In any event, the submission made on behalf of the learned counsel for the Executive Officer/Fit Person that the construction of the horse statue will be subsequently completed with proper construction and curing is recorded. After completion of the work, an inspection shall also be made by the H.R. & C.E. authorities, namely, the fourth respondent Joint Commissioner, along with the appropriate experts to check whether the horse statue is completed as per the specifications and is worth the money that has been sanctioned by the Government and also to verify the stability and proper nature of the construction. If pooja is separately being conducted for the horse, let that also be made known to everyone in the village by publishing a notice/invitation and let everyone participate.

8. As far as the Kudamuzhukku on 08.03.2026 is concerned, every devotee belonging to the village or otherwise who has belief can participate. In the name of police protection, the participation of any person itself need not be interfered with. But, at the same time, it would only be the duty of the police to avoid any untoward incident or physical or verbal altercation and to ensure the smooth conduct of the festival. The petitioners’ side and all the villagers shall cooperate for the conduct of the Thirupani as well as the Kudamuzhukku. They should all bear in mind that the very concept of the village temple is for everyone to come together and celebrate the temple festivals with all pomp and fervour. With the above principles in mind, let the Kudamuzhukku be held on the originally fixed date, i.e., 08.03.2026. The horse statue will be completed in accordance with the specifications with proper structural stability. The H.R. & C.E. authorities, even a month or two after the Kudamuzhukku, shall inspect the temple and ensure that every work is complete and that the temple is being worshipped by the villagers without any fetter whatsoever. It is needless to mention that no special privilege shall be given to any individual or group and let all the devotees participate in the Kudamuzhukku with equal status. As far as possible, the festival can also be videographed.

9. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

 
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