K.Mahalingam v. The Joint Commissioner,

ORDER Heard both sides.

2.The writ petitioners are resident of Melanesaneri Village. There is a temple dedicated to Arulmighu Vala Gurunatha Swamy. The consorts are Angala and Eswari. In the sanctum sanctorum of the temple, there are idols of Angala and Eswari alone and there is no permanently installed idol of Vala Gurunathar Swamy (Moolar). The idol of Vala Gurunathar Swamy worshipped by the public is in kept in what is known as temple house maintained by the fourth respondent. The case of the writ petitioners is that the idol should be permanently installed in sanctum sanctourm and that it cannot be kept in the exclusive custody of the fourth respondent.

3.The stand of the fourth respondent is that the temple is in existence for more than 200 years and the customary practice is that the idol will be brought from the temple house of the fourth respondent to the temple on every Tuesday and Friday. He also submitted that the devotees are free to come to the temple house and offer their worship on other days also.

4.Kumbabishekam for the temple was scheduled to be held on

03.11.2025. This writ petition was moved last week and the prayer made therein was that the idol in the custody of fourth respondent should permanently installed in the sanctum sanctourm.

5.I passed an interim order that the idol after Kumbabishekam shall be not removed until further orders from this Court.

6.I endorse the contentions of the learned senior counsel of the writ petitioners that a devotee is entitled to offer his worship in the temple and this right is guaranteed under Article 25 of the Constitution of India. He cannot be made to go to the house of the fourth respondent even though it is styled as a temple house.

7.It is seen that the fourth respondent as well as the writ petitioners filed independent suits and enquiry is also pending before the Joint Commissioner under Section 63(3) of the Tamil Nadu Hindu religious and Charitable Endowments Act, 1959 to determine the customary practice.

8.In this background, an adhoc arrangement will have to be worked out. The fourth respondent undertakes that the idol will be traditionally carried and kept in the temple from morning till evening on every Tuesday and Friday. That apart, on three more days ie., every Saturday, Sunday and Monday, the idol will be kept in the temple between 05.30 pm to 07.30 pm. Thereafter, it will be taken back to the temple house of the fourth respondent. This arrangement will abide by the outcome of the legal proceedings instituted elsewhere.

9.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

05.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Joint Commissioner,, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai District.

G.R.SWAMINATHAN, J. ias

05.11.2025 (2/2)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.24133 of 2025 1.K.Mahalingam 2.P.Sethu Narayanan ... Petitioners Vs. 1.The Joint Commissioner,, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai District. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai District. 3.The Fit Person, Arulmighu Valagurunathasamy and Angala Eswari Thirukovil, Melanesaneri, Kallikudi Taluk, Madurai. 4.K.Seeni Thevar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents No.1 to 3 to conduct the proposed Kumbabishekam on 03.11.2025 after placing the Panchaloha Idol of Arulmighu Vala Gurunathav Swami in the sanctum and the same shall remain in the temple for worship until all disputes are resolved by considering the representation of the petitioner dated 26.10.2025. For Petitioners : Mr.B.Saravanan, Senior Counsel, For M/s.B.Saravanan Associates. For Respondents : Mr.P.Subbaraj, Spl. Government Pleader for R1 & R2. Mr.S.Manohar for R3 Mr.R.Ramachandiran for R4