Thangavel v. The Commissioner

O R D E R The petitioner, a former trustee of the temple, is before this Court in connection with the temple festival to be held on 12.08.2026 at Arulmighu Kanaga Thoniamman Temple, Thimmachipuram, Kulithalai Taluk, Karur District. Page No. 2 of 10

¶2The petitioner is aggrieved by the impugned Resolution dated

24.07.2026 issued by the seventh respondent, the Executive Officer/Fit Person of the temple, wherein certain stipulations have been made insofar as the collection of donations and payments in connection with the aforesaid temple festival. The relevant portion of the said Resolution issued by the seventh respondent, the Executive Officer/Fit Person of the temple, is extracted below:-

¶1fhg;G fl;Ljy;> nflh ntl;Ljy;> fhty; Fl;b "

nfhLj;jy;> jPg;ge;jk; gpbj;jy; vd midj;Jk; ,uz;L fpuhk kf;fSk; jj;jk; gof;f tof;fq;fs; gb Nkw;nfhs;s

njuptpf;fg;gl;L

,dhk;

njhif jpUf;Nfhapy;

fzf;fpy;

Nru;f;fg;gl;L

nray; mYtyuhy; ,dhk; mspj;jy; eilngWk; nray; mYtyu;

Kd;dpiyapy;

,dhk;

mspj;jy; Mtzq;fs;gbAk;

tof;fg;gbAk;

Nkw;nfhs;s cjtpMizau; MNyhridg;gb jPu;khdpf;fyhk; vd njuptpf;fg;gLfpwJ.

¶2jdpg;gl;l Kiwapy; njhif tR+y; nra;a mDkjpapy;iy. jpUf;Nfhapy; fzf;fpy; jpUtpoh ed;nfhil jpUf;Nfhapy; mYtyfj;jpy; nrYj;jp fzpdp ,urPJ ngw;Wf;nfhs;s Ntz;Lk;.

¶3jpUtpoh nryTf;fhd ,urPJ ngwg;gl;L mjw;fhd njhif jpUf;Nfhapy; tq;fp fzf;fpypUe;J gl;Lthlh nra;ag;gLk; vd;W njuptpj;Jf;nfhs;sg;gLfpwJ. gz guptu;j;jid jpUf;Nfhapy; nray; mYtyu; %yNk nra;a mDkjp cs;sJ. jdpegu;fs; ahUk; gz guptu;j;jidf;F mDkjpf;fg;glkhl;lhu;fs;.

¶4jpUtpoh nryTf;fhd cj;Njr njhif / cgajhuu;fs;

ngwg;gl;lJk;

jpUtpoh

Njjp epu;zapf;fg;gLk;

vd;w

tpguk; njuptpj;Jf;nfhs;sg;gLfpwJ." Page No. 3 of 10

¶3The petitioner is primarily aggrieved by Condition Nos.1 and 3, insofar as they impose certain restrictions. It appears that the petitioner and the eighth respondent belong to two different factions and are attempting to control the temple and the temple festivals. Earlier, the second respondent, by his proceedings dated 12.09.2019 bearing reference R.C.No.12869/2019/B2, had stipulated certain conditions in connection with the temple festivals, which are consistent with the relevant Rules relating to the accounting of the money to be handled by the Executive Officer under the provisions of the H.R. & C.E. Act, 1959 and the Rules made thereunder. The said conditions are reproduced below:- "It is therefore directed that,

i) Thiru. Muthukaruppan who was responsible for this entire situation getting into quagmire should not collect and maintain accounts for the festival here after.

ii) Thiru. Muthukaruppan has to hand-over forthwith all the money collected as contribution for the festival to the Executive officer of the temple.

iii) Thiru. Pon. Selvan the petitioner has to hand-over forthwith the money in deposit with City Union Bank to the Executive officer.

iv) The Executive officer of the temple has to open a savings/ current account in a National Bank Page No. 4 of 10 and deposit the contributions for the festival and maintain permanent account exclusively for the purpose.

v) The Executive officer has to swiftly get into action and complete the festival which now in a stand still and arrange for putting every thing in order by garnering the support of the district administration and police.

vi) In future, the festival should be organized by the villagers under the stewardship of the Executive officer and nobody should collect contribution, for that purpose except the Executive officer, as the collection of money one man Executive officer/Trustee in the name of any temple is prohibited by the Rules from under Tamil Nadu H.R. & C.E. Act 1959.

vii) The Assistant Commissioner, H.R. & C.E. Department, Karur division should render necessary support to the Executive officer of the temple like providing special duty staff etc.,"

¶4The preamble to the impugned Resolution itself sets out the background to the dispute between the petitioner and the eighth respondent, which reads as under:- ",j;jpUf;Nfhapy; jpUtpoh elj;Jtjpy; jpk;khr;rpGuk; Fbj;njUit Nru;e;j tPukiy kfd; jq;fNty; vd;gtu; jiyikapy; 'm' gpupit Nru;e;jtu;fs; xU jug;gpduhfTk;> nghd;Dr;rhkp kfd; nghd;nry;td; jiyikapy; 'M' gpupit Nru;e;jtu;fs; xU jug;gpduhfTk; ,Ue;J> fUj;J NtWghL fhuzkhf jpUtpoh elj;JtJ njhlu;ghf 16.06.2026-y; ruf Ma;tu;> jf;fhu Kd;dpiyapy; Fbghl;L fhuu;fspilNa $l;lk; Page No. 5 of 10 elj;jpajpy;> ,U jug;gpdUf;Fk; xj;j fUj;jpd;ik fhuzkhf> rl;lk; xOq;F gpur;rid Vw;glhj tz;zk; jpUtpoh elj;Jk; nghUl;L> jf;fhu; fbjk; 17.06.2026 %yk; Fspj;jiy rhu; Ml;rpauhy; Fbghl;Lfhuu;fspilNa Ngr;Rthu;j;ij $l;lk; elj;j Ntz;baij mLj;J> 14.07.2026-y; Fspj;jiy tl;lhl;rpau; Kd; ,U jug;gpdupilNa mwepiyaj;Jiw

tl;lhl;rpau;

(epyq;fs;)> Fspj;jiy Ma;tu;> jpUf;Nfhapy; jf;fhu;> jpUf;Nfhapy; gzpahsu;fs;> fhty; Jiw Kd;dpiyapy; $l;lk; elj;jg;gl;lJ. ,e;j $l;lj;jpy; kJiu cau;ePjpkd;w cj;juT W.P(MD).22700 of 2022-d; gb> midtUk; fye;J jpUtpoh elj;jTk;> njhif VJk; jdpg;gl;l Kiwapy; tR+y; nra;ahky; jpUf;Nfhapy; nray; mYtyu; Kd;dpiyapy; jpUtpoh elj;jTk; mwpTWj;jg;gl;lJ. 21.07.2026 md;W 'M' jug;G kw;Wk;

23.07.2026

md;W

'm'

jug;G vd ,UtuplKk; jpUf;Nfhapy; jf;fhuhy; Ngrg;gl;ljpy;> fhg;G fl;Ljy; Kjy; rhkp FbGFjy; tiu midj;J gzpfSk; Nf.Ngl;il> jpk;khr;rpGuk; gFjp kf;fSk; Nru;e;J nra;tjhf cj;Njrpf;fg;gl;Ls;sJ. jpUf;Nfhapy; kw;Wk; gf;ju;fs; eyd; fUjp fPo;fhZk; gb rpy epge;jidfs;> topKiwfSld; cjtp Mizau; mDkjpAld;

jpUtpoh

elj;j cj;Njrpf;fg;gl;Ls;sJ."

¶5The learned counsel for the respondents, as also the learned counsel for the petitioner, pointed out to the order passed by this Court in W.P.(MD) No.22700 of 2022 dated 28.09.2022, wherein the communication of the second respondent dated 19.09.2022 bearing reference No.Mu.Mu.A3/5673/2022 was the subject matter of challenge by the eighth respondent herein. In the said Writ Petition, the petitioner herein was the eighth respondent. This Court, after recording the Page No. 6 of 10 submissions of the learned counsel for the Fit Person and the Executive Officer and the learned counsel for the Revenue Officials and the H.R. & C.E. Officials, had ordered as under:- "5. It is submitted by the learned counsel for the Respondents 6 and 7 that the festival is being conducted only by the Executive Officer and the festival will be conducted bearing in mind and in compliance with the directions of the 4th Respondent vide order dated 12.09.2019 and no other third party either the petitioner or the 8th Respondent shall be permitted to collect any donation. It is submitted that if either the petitioner or the 8th Respondent or any other third party is found to collect any donation, action would be taken in accordance with law.

¶6It is submitted by the learned Government Advocate for the Respondents 1 to 5 that adequate police protection would be granted to avoid any untoward incident.

¶7In view of the above submission, none of the parties expressed any further grievance. Thus, recording the above submissions/undertaking, the writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed."

¶6It is evident that both the petitioner and the eighth respondent are attempting to establish their supremacy in the temple festivals by making direct contributions towards one or more events and therefore, the petitioner is aggrieved. For instance, the temple festival scheduled to be Page No. 7 of 10 held on 19.08.2026 pertains to the sacrifice of a goat, a Small Chariot Procession and the Grand Chariot's Top Ornamentation [fplh ntl;Ljy;> rpwpaNjH tPjp cyh> nghpaNjH jiy myq;fhuk;] at 05.00 p.m.

¶7Similarly, the temple festival may involve decoration of the chariot and other expenses, which are normally to be incurred by the seventh respondent. If the request of the petitioner is accepted, it could lead not only to disenchantment but also to law and order problems, thereby jeopardising the temple festival altogether, to the detriment of the ordinary members of the community and devotees of the temple. Therefore, I do not find any reason to interfere with the impugned Resolution of the seventh respondent, the Executive Officer/Fit Person as this is consistent with the provisions of the H.R. & C.E. Act and the Rules made thereunder.

¶8Therefore, this Writ Petition is liable to be dismissed and is accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

11.08.2026 JEN NCC : Yes / No Page No. 8 of 10 To

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

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruppur.

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

4.The District Collector, Karur.

5.The Superintendent of Police, Karur.

6.The Tahsildar, Kulithalai, Karur District. Page No. 9 of 10

C.SARAVANAN, J. JEN

11.08.2026 Page No. 10 of 10

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.17224 & 17225 of 2026 Thangavel ... Petitioner Vs. 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruppur. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur. 4.The District Collector, Karur. 5.The Superintendent of Police, Karur. 6.The Tahsildar, Kulithalai, Karur District. 7.The Executive Officer / Fit Person, Arulmighu Kanaga Thoniamman Temple, Page No. 1 of 10 Thimmachipuram, Kulithalai Taluk, Karur District. 8.Pon Selvan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to Fit Person Resolution dated 24.07.2026 issued by the seventh respondent in respect of conduct of festival in Arulmighu Kanaga Thoniamman Temple, Thimmachipuram, Kulithalai Taluk, Karur District and quash the same and consequently direct the respondents to ensure the peaceful performance of festival strictly in adherence to the religious practice of the temple as done in earlier years. For Petitioner : Mr.V.R.Shanmuganathan For R1 to R4 & R6 : Mr.S.Venkatesh Additional Government Pleader For R5 : Mr.P.Vetrivel Government Advocate (Crl. Side) For R7 : Mr.P.Athimoola Pandian Standing Counsel