P.Palaniappan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Mr.P.Palaniappan S/o Perumalgounder Trustee, Shri Bhramalingeshwar Temple No.138, West street, Kokkarayanpettai Namakkal 638 007 Petitioner Vs

1. The Commissioner Hindu Religious and Charitable Endowments Department Uttamar Gandhi Salai Chennai 600 034 2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Chellapandian Street, Namakkal District 637 001 Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to accord permission for taking the idols of A/M Thillai Natarajar, A/M Sivagami and the associate deities from A/M Thiru Thondeeshwarar Mutt, Kottai, Erode to the A/M Shri Bhramalingeshwar Temple, Namakkal for performing the Thiruvadharai event on 2nd and 3rd of January 2026 based on the representation dated 20.12.2025.

For Petitioner:

Mr.A.Mohamed Ismail

For Respondents:

Mr.K.Karthikeyan Government Advocate (HR&CE)

ORDER

The petitioner is the trustee of Arulmighu Shri Brahmmalingeshwarar Temple, Kokkarayanpettai, Kumaranpalayam, Namakkal District. He pleads that for the ensuing jpUthjpiu event, the villagers and the trustees have resolved to take the following cw;rth ; idols, namely, (i) Arulmighu Thillai Natarajar, (ii) Arulmighu Sivagami and other associate deities from the Thondeeshwarar Mutt, Kottai, Erode and place them for worship at Arulmighu Brahmmalingeshwarar Temple. He states that though the trustees have taken a decision, the H.R. & C.E. Department is yet to give their formal approval, consequently he is before this Court.

2. I heard Mr.A.Mohamed Ismail for the petitioner and Mr.K.Karthikeyan, learned Government Advocate for the H.R. & C.E.

3. After narrating the facts, Mr.Ismail pleaded that jpUthjpiu is to be celebrated on 2nd and 3rd of January, 2026 and in order to enable the villagers and other devotees to offer their worship to Arulmighu Natarajar, the trustees decided to take the cw;rth; idols from Thondeeshwarar Mutt and place them in the Arulmighu Brahmmalingeshwarar Temple. He pleads that this was

necessitated, since there is no cw;rth ; idol of Arulmighu Natarajar or Arulmighu Sivagami in the temple. He states that the Managers of Thondeeshwarar Mutt have agreed to the proposal made by the trustees of Arulmighu Brahmmalingeshwarar Temple and have stated that they will give the idols for two days, namely, 2nd and 3rd January, 2026.

4. Mr.Karthikeyan states that the Thondeeshwarar Mutt is not under the control of H.R. & C.E and therefore the issue of H.R. & C.E granting permission for taking the idols from the mutt and placing them in the Arulmighu Brahmmalingeshwarar Temple does not arise at all. He further states that the Department is not in a position to afford security for the idols brought by the petitioner and it is upto the petitioner to workout the necessary security arrangements.

5. I have carefully considered the submissions of both sides and gone through the records.

6. As rightly submitted by Mr.Karthikeyan, the H.R. & C.E Department cannot give a direction to the Mutt to handover their idols to the petitioner for the purpose of display and worship in a listed temple. The control of the property and assets of the Mutt are with the Madathipathi or the Manager appointed to that effect. If the Mutt is willing to handover the idols for the

purpose of display and worship on 2nd and 3rd of January, 2026, the petitioner may do so at his own risk. The H.R. & C.E Department will not be responsible in any way for the cw;rth; idols which are brought by the petitioner for placement in the temple.

7. The writ petition stands disposed of. No costs. 26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss

To 1.The Commissioner Hindu Religious and Charitable Endowments Department Uttamar Gandhi Salai Chennai 600 034 2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Chellapandian Street Namakkal District 637 001

V.LAKSHMINARAYANAN J.

ss WP No. 50407 of 2025 26-12-2025