W.P.(MD) No. 18458 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 18458 of 2025 and W.M.P.(MD) No.14159 of 2025 V.Mani ... Petitioner Vs 1. The District Collector, Kanyakumari, Kanyakumari District. 2. The Joint Commissioner, Hindu Endowment Board, Hindu Religious and Charitable Endowments Department, Kanyakumari District Temples Head Office, Suchindram, Kanyakumari District. 3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nagercoil, Kanyakumari District. 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 4. The Secretary / Srikariyam, Korakanathar Temple, Theroor, Panathatu, Suchindram, Kanyakumari District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to ensure that only the original deities are installed in the Korakanathar Temple and that no new or additional deities be installed, thereby preserving the temple’s traditional sanctity and religious customs and consequently, direct the respondents to prevent the degradation of the agricultural lands adjoining the temple and maintain restoration of their original character and fertility and further, direct the respondents to remove the building and concrete waste materials unlawfully dumped on the land measuring 77 cents in Survey No. 875/1 of Kurandi village, Kanyakumari District by considering the petitioner’s representation, dated 22.05.2025. For petitioner : Mr. P.T.Ramesh Raja For respondents : Mr.S.S.Madhavan Additional Government Pleader for R1 to R3 Mr.R.Shankar Ganesh Standing Counsel for R4 ***** 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 ORDER This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 3 and learned Standing Counsel for the fourth respondent. 2. The petitioner belongs to Yogeswarar community, which according to the petitioner called as Pandaratharar and Vairavi community, when the Kanyakumari district was a part of Trivandram Presidency State. 3. It is the case of the petitioner that the subject temple, namely, Gurandi Korakanathar Swamy Temple in Suchindram, Kanyakumari District is worshipped by only the persons, belonging to the aforesaid community and that the said temple is a denomination temple. However, the TNHR&CE Department has taken up the task of demolishing the temple and is now, putting up a new construction and also there is a proposal to install ‘Sivalingam’, which is contrary to the practice adopted in the aforesaid temple for the past 500 years. 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 4. That apart, it is submitted that the aforesaid temple is endowed with above 77 cents of land and that the land has been used by the TNHR&CE Department for dumping the debris from the neighbouring area. 5. The learned counsel for the petitioner has taken the Court through typed set of papers, showing the temple, which existed and some of the idols of the temple in pages 28 to 30 of the typed set of papers. 6. The learned counsel for the petitioner has also drawn attention to pages 31 to 32 to show that the dumping the debris and municipal waste and page 33 to show that the temple that has been built up by the TNHR&CE Department, which is contrary to the temple that stood prior to the demolition for the purpose of renovation. 7. The learned Standing Counsel for the fourth respondent submits that the vain attempt was made by the petitioner and another by filing a suit in O.S.No. 163 of 2018 before the Principal District Court, Nagercoil to declare the aforesaid temple as denomination temple, which came to be dismissed on 21.12.2023. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 8. That apart, it is submitted that since the temple was in dilapidated condition, the TNHR&CE Department took upon itself to renovate the temple as the temple is at Sl.No.134 in Schedule I of the TNHR&CE Act, 1959 and has been classified as temple belonging to Kanyakumari Devasam Board. 9. That apart, learned Additional Government Pleader for the respondents 1 to 3 has drawn attention to the communication of the Commissioner, dated 14.12.2023 bearing reference in Na.Ka.179853/2023/I3, wherein one of the conditions was that only the existing idols will be placed. A reference is made to Serial No.3 with the above condition, which reads as under: “3. mfw;wg;gl;l fw;rpiyfis KOikahf Mtzg;gLj;j Ntz;Lk;. mfw;wg;gl;l mNj fw;rpiyfs; jhd; kPz;Lk; gpujp\;il nra;ag;gLtjw;F mwq;fhtyu;fs; kw;Wk; ,iz Mizau;-nray; mYtyNu KO nghWg;ghFk;.” 10. The learned Additional Government Pleader for the respondents 1 to 3 produced a copy of the ‘A Register’, which shows that the land belongs to the temple and not to any third person or any community. 11. Having considered the submissions made by the learned counsel for the 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 petitioner and learned Additional Government Pleader for the respondents 1 to 3, I am of the view that the Court will not get into the disputed question of fact and the temple, that is being constructed, has to be strictly as per the directions of the Commissioner, in the aforesaid proceedings dated 14.12.2023. 12. In case there is any deviation, it is open for the petitioner to approach the respondents to redress the grievances as a devotee and not as a matter of right. 13. Under these circumstances, this Writ Petition is disposed of by directing the second respondent to consider the aforesaid representation of the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. 14. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 08.07.2025 Internet : Yes / No apd 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 To 1. The District Collector, Kanyakumari, Kanyakumari District. 2. The Joint Commissioner, Hindu Endowment Board, Hindu Religious and Charitable Endowments Department, Kanyakumari District Temples Head Office, Suchindram, Kanyakumari District. 3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nagercoil, Kanyakumari District. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18458 of 2025 C.SARAVANAN, J. apd W.P.(MD) No. 18458 of 2025 08.07.2025 8/8 https://www.mhc.tn.gov.in/judis