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CDJ 2026 MHC 942 print Preview print print
Court : High Court of Judicature at Madras
Case No : W.P. No. 5615 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : K. Arumugam Chettiar Versus The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai & Others
Appearing Advocates : For the Petitioner: V. Srikanth, Advocate. For the Respondents: R1 to R4, K. Karthikeyan, Government Advocate, R5, J. Subbiah, Government Advocate, (Crl.Side).
Date of Judgment : 12-02-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to consider the petitioners representation dated 28.01.2026 and appoint Fit Person to take charge of the affairs of the Said Temple for the proper conduct of the Maha Shivarathri Festival to be held from 15.02.2026 to 18.02.2026, and pass.)

1. The Writ Petition is filed for a Mandamus directing the respondents to consider the representation of the petitioner and to appoint a Fit Person to take charge of the affairs of the temple with reference to the conduct of the Maha Shivarathri festival to be held from 15.02.2026 to 18.02.2026.

2. The petitioner is the Hereditary Trustee of the Temple, namely Arulmigu Angalaparameswari Amman, Sri Perianayagi Amman Thirukoil, Ramanatham, Thittakudi Taluk, Cuddalore District. It is stated by the petitioner that the Maha Shivaratri festival is attended by a large number of devotees and huge hundial collections and assortments are also offered to the deity during the festival. In spite of the petitioner being the Hereditary Trustee, certain individuals are taking the upper hand during the festival. Therefore, the Hereditary Trustee himself wants a Fit Person to be appointed for the purpose of conducting the temple festival.

3. When the matter is taken up for hearing, the Learned Government Advocate submitted that it is true that already police protection is also sought, so as to safeguard the Hundial collections and the Executive Officer to take care of the temple festival. Therefore, due steps will be taken if due protection is given.

4. As far as the Hundial collection is concerned, unless any order is passed under Section 63 enabling the customary right of any other person, any collections should only come to the temple’s account and no individual can take away the said amount to their personal expenses or appropriate it towards any other account except the authorised temple account.

5. In that view of the matter, since the prayer made is in the best interests of the temple, the Writ Petition is disposed of at the admission stage with the following directions:

                   (i) Apart from the petitioner being the Hereditary Trustee, the Executive Officer shall be in-charge of the conduct of the Maha Shivaratri festival to be held from 15.02.2026 to 18.02.2026 and take care of the celebration of the festival in accordance with the traditions of the temple. The Executive Officer shall take care of all the facilities and the safety of the devotees, take care of the temple and its properties including, the hundial collections in money and also in kind, shall also endeavour to generate a QR code from the Temple’s account and to keep the QR code in all prominent places in and around the temple with a proclamation that, as far as possible, devotees shall pay online so that the entire amount, without any pilferage, goes directly to the Temple account. It is made clear that even the Hundial collections which are made physically shall come only to the Temple’s account.

                   (ii) For the peaceful conduct of the festival, upon a request being made by the Executive Officer, the Inspector of Police, Ramanatham Police Station, Thittakudi Taluk, Cuddalore District, shall provide adequate police protection to the Executive Officer to carry out the aforementioned purposes and for the smooth conduct of the festival and ensuring the law and order during the festival.

6. Considering the nature of grievance that is expressed, the Inspector of Police, Ramanatham Police Station, Thittakudi Taluk, Cuddalore District, is suo motu impleaded as the 5th respondent. Mr.J.Subbiah, Learned Government Advocate (Crl.Side), takes notice for the 5th respondent.

7. With reference to the prayer to consider the representation, since the representation also with reference to the change of the Electricity Board connection in the name of the Temple, the same shall also be forthwith considered by the 3rd respondent and appropriate orders be passed and directions be issued so that the connection be changed in the name of the temple.

8. The Authorities to act on the web copy of the order without waiting for the certified copy of this order. There shall be no order as to costs.

9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
 
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