Madras High Court

WP(MD)/29633/2026 of S.Rajagopalan Vs The Commissioner on 13 October 2026

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WP(MD) No. 29633 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 29633 of 2026

CNR:{HCMD011479362026}

W.M.P.(MD) Nos.22532 & 22534 of 2026

S.Rajagopalan,

Chief Executive Officer and General Power of Attorney for His Holiness the 46th Jeer of Sri Ahobila Mutt, Srivilliputhur

..Petitioner(s)

Vs

1. The Commissioner,

Hindu Religious And Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner

Hindu Religious And Charitable Endowments Department Virudhunagar District.

3. The Executive Officer

Arulmigu Nachiyar (Andal) Thirukovil

Andal Sannathi Street

Srivilliputhur - 626 125

Virudhunagar District.

..Respondent(s)

__________

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WP(MD) No. 29633 of 2026

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings passed by the third respondent in Na.Ka.No. 1154/2025/2 dated 09.10.2026, rejecting the petitioner’s representation dated 02.09.2026 seeking permission to conduct the procession of Sri Adhivan Satakopa Swamy of Sri Ahobila Mutt through Arulmigu Nachiyar (Andal) Thirukovil, Srivilliputhur, on the occasion of His Thirunakshathram on 15.10.2026, to quash the same and consequently, direct the respondents to consider the petitioner’s request in accordance with the established religious customs, applicable Agamic principles and law, after conducting an appropriate enquiry and examining the relevant historical and customary records, and to grant such permission as may be legally permissible.

For Petitioner(s):

M/s T.Ravindran

Senior Counsel

for Mr.K.Balasubramani

For R1 & R2 :

Mr.R.Parthiban

Special Government Pleader

For R3

:

Mr.M.Kannan

For Intervenor :

Mr.V.Meenakshi Sundaram

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ORDER

This Writ Petition has been filed by the Chief Executive Officer and General Power of Attorney of the 46th Jeer of Sri Ahobila Mutt. __________

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WP(MD) No. 29633 of 2026 Asserting that a customary practice of undertaking a procession on Thirukettai nakshathram in the Tamil month of Purattasi exists, an application was filed seeking permission. The said request was rejected under the impugned order.

2. Mr.T.Ravindram, learned Senior Counsel for the petitioner, submits that the request was rejected on the ground that the petitioner did not produce documents to establish the practice and on account of objections raised by the Tenkalai sect. Relying on various photographs, he submits that these photographs established that the procession was taken through the Pandhal Mandabam in earlier years.

3. Mr.V.Meenakshi Sundaram, learned counsel appears on behalf of the Tenkalai sect. He contends that there are judgments holding that the temple is managed by the Tenkalai sect. He also submits that the procession passed through the Pandhal Mandabam only in the year 2019 on account of the road works impeding the procession through the route earlier taken. He also submits that the procession did not pass through the Desikar Sannathi in earlier years and that a new practice is sought to be established by the petitioner. __________

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WP(MD) No. 29633 of 2026

4. Both learned Special Government Pleader for the respondents 1 and 2 and learned counsel for the third respondent submit that the request was denied because the petitioner was unable to establish the customary practice. It is also submitted that the existence of a customary right should be established in proceedings under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, (the HR&CE Act).

5. At the request of the Court, both the parties explored the possibilities of an alternative route as an ad hoc arrangement for this year, considering the fact that the procession is to take place on 15.10.2026. Without prejudice to the rival contentions and rights, parties agreed to a particular route as regards this year. The route map is attached.

6. Accordingly, this Writ Petition is disposed of on the following terms:

(i) As an ad hoc arrangement applicable only for this year, the petitioner is permitted to undertake the procession on 15.10.2026 on the __________

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WP(MD) No. 29633 of 2026 route marked in green colour at page No.5 of the additional typed set of papers filed on 13.10.2026, which is extracted hereunder: __________

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WP(MD) No. 29633 of 2026

(ii) The said procession shall commence at about 12.00 noon, enter into the disputed area at 12.15 p.m. and exit therefrom prior to 12.30 p.m.;

(iii) As regards subsequent years, parties may initiate appropriate proceedings in terms of the HR&CE Act;

(iv) All contentions are left open in that regard;

(v) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To

1. The Commissioner, Hindu Religious And Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner Hindu Religious And Charitable Endowments Department Virudhunagar District.

3. The Executive Officer Arulmigu Nachiyar (Andal) Thirukovil Andal Sannathi Street, Srivilliputhur - 626 125 Virudhunagar District. __________

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WP(MD) No. 29633 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 29633 of 2026 13.10.2026 __________

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WP(MD) No. 29633 of 2026 __________

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