WP(MD)/30397/2026 of Periyanambi Narasimha Gopalan Vs The Secretary to Government on 23 October 2026

ORDER

The distinction between agamic and non-agamic is fundamental. If a temple is agamic, the State control is lesser. This binary can sometimes assume Hamletian overtones. While “to be or not to be ?” was an existential dilemma for the Prince, for the Priest, it is no different. However, the question of classification of a temple as agamic or non- agamic is one of fact. A factual determination must be informed by fidelity to truth. It cannot be a matter of pure opinion. Any conclusion can be arrived at only with the assistance of agamic experts. The exercise must involve an intense scrutiny of various aspects. No determination can be made by applying a single yardstick.

2. When the Government of Tamil Nadu issued statutory rules regarding the conditions of service of the employees of the Hindu Religious Institutions coming under the purview of the HR&CE Department in the year 2020, they were challenged in a batch of writ petitions. The focus was more with regard to the appointment of Archakas in those temples where construction, installation of idols and worship of deity is as per agamas. The Hon’ble First Bench vide order dated 22.08.2022 disposed of the writ petitions by directing the State Government to constitute a Five-Member Committee. The Committee was tasked with identifying the agamic temples. The identification is crucial because if the temple is identified as having been constructed as per a particular agama, the appointment of Archaka would be governed accordingly. That is why, we remarked at the outset that the distinction is crucial.

3. The matter is presently pending before the Hon’ble Supreme Court. There has been some controversy regarding the composition of the Committee. The Hon’ble Supreme Court has also given time-lines. Pursuant to the court directions, the Committee embarked on an elaborate exercise. It has now submitted a draft list of agamic and non-agamic temples. The HR&CE Department had also published the same on 25.08.2026. It has been tentatively concluded that the number of agamic temples is 7,461 while the number of non-agamic temples is 27,510.

4. The writ petitioner is an Archakar of Arulmigu Rajagopala Kulasekara Alwar Temple. He points out that several temples such as Arulmigu Sorna Vinayagar Temple, Mattakadai, Arulmigu Swami Chidambareswarar Temple, Chettiyapathu, Arulmigu Avvai Vinayagar Temple, Kulasekarapattinam, Arulmigu Padalinga Swamy Temple, Malaiyangulam and Arulmigu Somasundara Vinayagar Temple, Sattur which are reputedly agamic temples have been shown as non-agamic. According to him, what has been presented is only a sample. Hundreds of agamic temples have thus been wrongly classified as non-agamic. He would argue that this egregious error has happened for two reasons ; a) non-association of agamic experts in the process and b) applying a single yardstick such as performance of poojas. The specific stand of the petitioner is that the issue regarding the agamic classification depends not only on the performance of Poojas but also the construction of temples, the design of the Sanctum Sanctorum, the installation of deities, Vimanas, Gopurams, flagstaffs, Bali Peedams, daily worship and festivals. His specific contention is that no proper conclusion can be reached regarding the agamic character of a temple without a comprehensive examination of all the relevant features. His apprehension is that in order to honour the time-lines stipulated by the Hon’ble Supreme Court, the Committee may rush forth and finalise the process. During the course of submissions, it was pointed out that signatures of the priests were obtained after the Forms were cursorily and erroneously filled. He would insinuate that in a number of cases, the trustees and other stakeholders were not taken into confidence. That is why, he has filed this PIL.

5. The petitioner’s credentials cannot be doubted. The cause undoubtedly partakes the character of a public interest.

6. It is heartening to note that the respondents have not viewed the matter from an adversarial perspective. The learned Additional Advocate General submits that what has been published is only a draft list and the very purpose of publishing such a draft list is to invite objections. Now that objections have come, the Committee will go into the same and give a proper disposal as per law. It is also stated that the advice of agamic experts concerned will be sought whenever required.

7. Taking into account the larger ramifications involved, we direct that the stakeholders will have three more weeks from the date of receipt of copy of this order to offer their objections. A devotee has a fundamental right under Article 25 of the Constitution of India to insist that the temple affairs are conducted in consonance with agamic injunctions. That is why, even if the Form handed out by the Committee or the department was filled up by the priest, it cannot be taken as binding or conclusive. The trustee or the devotee can point out that the details found in the filled-up forms are erroneous. We direct the department to cause paper publication calling for objections from all the stakeholders. A speaking order will be passed in respect of each of the temples for which objections have been received. We further direct that the opinion of the agamic expert who had been consulted shall be enclosed along with the speaking order disposing of the objection. The grievance of the petitioner thus stands redressed.

8. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (P.M.N.,J.) 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SKM To

1. The Secretary to Government Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai 600 009

2. The Commissioner Hindu Religious and Charitable Endowments Board, No. 119, Uttamar Gandhi Salai, Nungambakkam, Chennai 600 014

3. The Chairman, Agama Committee, Office of the Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai

G.R.SWAMINATHAN J. AND DR.P.MURUGAN J. SKM WP(MD) No. 30397 of 2026 23-10-2026