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2026 DAILYLAW 26958 (MAD)

Sri Subramaniyamaswami Thirukovil Sudhanthira Paribalana v. The Commissioner

WP(MD)/14301/2026 · 2026-05-20

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.14301 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2026 CORAM THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD)No.14301 of 2026 and W.M.P.(MD)No.10718 of 2026 Sri Subramaniyamaswami Thirukovil Sudhanthira Paribalana Sthalatharkal Sabha, Reg. No.12/96, Represented by the Secretary, Having its Registered Office at 37, Thuvadasi Madam, Theppakulatheru (West), Tiruchendur – 628 215. ... Petitioner vs. 1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Nungambakam, Chennai 600 034. 2.The Fit Person, Arulmigu Subrmaniya Swamy Temple, Thiruchendur, Tuticorin District. 3.The Joint Commissioner/ The Executive Officer, Arulmigu Subrmaniya Swamy Temple, Thiruchendur, Tuticorin District. 4.The Superintendent, Ulthurai, Arulmigu Subrmaniya Swamy Temple, Thiruchendur, Tuticorin District. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14301 of 2026 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of the proceedings in Na.Ka.Number. 2108/2026/u(9) dated 14.05.2026 on the file of the 3rd respondent herein and quash the same as arbitrary, illegal and without jurisdiction and further forbear the respondents from in any manner prescribing or altering the temple opening and closing timing and other Kaala Pooja in the temple that are only to be performed as prescribed by Tantrasamuccaya and Kumara Dhanthram and Agama sastras and Pooja vidhis (governing religious text) and in accordance with the opinion of the Vidhayahar. For Petitioner :Mr.H.Lakshmi Shankar For R1 :Mr.A.Baskaran Additional Government Pleader For R2 to R4 :Mr.A.K.Sriram Senior Counsel for Mr.M.Muthugeethayan ***** O R D E R The Writ Petition is filed challenging the impugned proceedings dated 14.05.2026. By the said proceedings, it is decided by the third respondent Temple to alter the temple opening timings. It is stated that in view of the exponential increase in the visiting of the devotees, the timing is increased. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14301 of 2026 2.The learned Counsel appearing on behalf of the petitioner would submit that the same cannot be a reason for altering the temple opening timings and the temple is bound by Agamas. The Nadai Sathuthal and Nadai Thirathal are all age-old practices, which are conducted as per the religious dictates. Even with reference to any change in timings, there are experts, even among the petitioners, Vidhayahar is present. He is the authority to be consulted with reference to these questions and without even consulting him and taking his concurrence, simply the Executive Officer himself has altered the temple timings. Therefore, the same should not be permitted. 3.Per Contra, the learned Senior Counsel appearing on behalf the Temple would submit that the devotees cannot be totally disappointed or being prevented from having a darshan. Only considering the entire number of devotees, the timings are altered. There is no violation of any Agamas with reference to the same. As far as the claim of the petitioner is concerned, they have already filed a civil suit in O.S.No.151 of 2017 on the file of the Subordinate Court, Tiruchendur. In the said suit, even 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14301 of 2026 with reference to the entitlement of Vidhayahar was also pleaded and specific issues were framed as Issue Nos.5, 6 and 7 and ultimately the suit came to be dismissed. Now, therefore, there is no necessity to mandatorily consult the said Vidhyahar. The timings do not violate any Agamas and therefore, the Executive Officer has taken the decision. 4.I have considered the rival submissions made on either side and perused the material records of the case. 5.It is the contention of the petitioner that there is violation of Agamas in the alteration of temple timings. On the other hand, it is the contention of the Fit Person that there is no such violation. 6.This Court does not have the expertise to decide the issue. In view thereof, the petitioner can file an application under Section 63 of the HR & CE Act before the Regional Joint Commissioner, HR & CE Department, Thoothukudi, and by issuing notice to the Fit Person and everyone interested, the said question can be decided. If the application is filed within two weeks from today, the same shall be decided as 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14301 of 2026 expeditiously as possible in any event not later than four months from the date of filing of the application. 7.With the above observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. NCC :Yes / No 20.05.2026 cmr To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Nungambakam, Chennai 600 034. 2.The Fit Person, Arulmigu Subrmaniya Swamy Temple, Thiruchendur, Tuticorin District. 3.The Joint Commissioner/ The Executive Officer, Arulmigu Subrmaniya Swamy Temple, Thiruchendur, Tuticorin District. 4.The Superintendent, Ulthurai, Arulmigu Subrmaniya Swamy Temple, Thiruchendur, Tuticorin District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14301 of 2026 D.BHARATHA CHAKRAVARTHY, J. cmr W.P.(MD)No.14301 of 2026 20.05.2026 6/6 https://www.mhc.tn.gov.in/judis