Citation : 2026 Latest Caselaw 403 Mad
Judgement Date : 17 February, 2026
W.P.(MD)No.4526 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2026
CORAM
THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.4526 of 2026 &
W.M.P(MD)No.3776 of 2026
V.Kasi ...Petitioner
vs.
1. The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner,
Office of Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Sivagangai, Sivagangai District.
3. The Assistant Commissioner,
Office of the Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Sivagangai, Sivagangai District.
4. R.Sivalingaraja,
Hereditary Trustee,
Arulmighu Seruvalinga Ayyanar Thirukoil,
Easanur, Sivagangai 630 557.
5. K.Sankara Srinivasan,
Hereditary Trustee,
Arulmighu Seruvalinga Ayyanar Thirukoil,
Easanur, Sivagangai 630 557.
6. Sathyamoorthy,
Hereditary Trustee,
Arulmighu Seruvalinga Ayyanar Thirukoil,
Easanur, Sivagangai 630 557.
1/7
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W.P.(MD)No.4526 of 2026
7. Subathra,
Hereditary Trustee,
Arulmighu Seruvalinga Ayyanar Thirukoil,
Easanur, Sivagangai 630 557.
8. Kasinathan,
Hereditary Trustee,
Arulmighu Seruvalinga Ayyanar Thirukoil,
Easanur, Sivagangai 630 557. ...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying
to issue a Writ of Mandamus, directing the respondents 1 to 3 to allow the
petitioner to perform Annadhanam in the Annadhana Koodam of Arulmigu
Cheruvalinga Ayyanar Temple, Easanur, Sivagangai Taluk, on the occasion
of Sivarathri Festival, which is scheduled to be held on 18.02.2026 and
19.02.2026.
For Petitioner : Mrs.J.Padhmaavathi Devi
For Respondents : Mr.J.K.Jayaselan,
Government Advocate for R1 to R3
ORDER
This Writ Petition has been filed to direct the respondents 1 to 3 to
allow the petitioner to perform Annadhanam in the Annadhana Koodam of
Arulmigu Cheruvalinga Ayyanar Temple, Easanur, Sivagangai Taluk, on the
occasion of Sivarathri Festival, which is scheduled to be held on 18.02.2026
and 19.02.2026.
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2. Mr.J.K.Jayaselan, learned Government Advocate takes notice for
the respondents 1 to 3. Since no adverse orders are going to be passed
against the respondents 4 to 8, notice to them is dispensed with.
3. By consent on either sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
4. The learned counsel appearing for the petitioner would submit that
the respondents forcibly took over the possession of Annadhana Koodam of
Arulmigu Cheruvalinga Ayyanar Temple, Easanur, Sivagangai Taluk by
breaking open the seal, by virtue of the order dated 28.01.2026 in
WP.Crl(MD)No.408 of 2026. However, the petitioner is not a party to the
above proceedings. According to the learned counsel, the petitioner has been
providing Annadhanam during Sivarathiri, which festival is celebrated for 5
days and it is going to end on 19.02.2026. Since the respondents have taken
over the possession of the Annadhana Koodam, the petitioner is not in a
position to provide Annadhanam to the general public on 18.02.2026 and
19.02.2026. Hence, the present writ petition.
5. When the matter was moved at 02.15 p.m. as lunch motion, the
learned Government Advocate sought accommodation to get appropriate
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instructions. Again, when the matter was taken up at 03.50 p.m., the learned
Government Advocate filed photographs to the effect that the Annadhana
Koodam is in dilapidated condition and it is poorly maintained. According
to the learned Government Advocate, no Annadhanam can be provided at
such a place and if at all the petitioner intends to provide Annadhanam, he
can very well do the same in an outside premises by taking appropriate
protective measures.
6. I have given due consideration to the submissions made on either
sides.
7. The main grievance of the petitioner is that since the respondents
took over the possession of Annadhana Koodam by virtue of the order of this
Court dated 28.01.2026 in WP.Crl(MD)No.408 of 2026, he is not in a
position to provide Annadhanam during Sivarathiri festival. Therefore, this
Writ Petition is filed to permit the petitioner to provide Annadhanam to the
general public for atleast two days i.e., on 18.02.2026 and 19.02.2026.
However, according to the official respondents, the Annadhana Koodam is in
dilapidated condition and it is poorly maintained and hence, no Annadhanam
can be provided there. In support of this contention, they have produced
photographs and a perusal of the same shows that the Annadhana Koodam is
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poorly maintained. Unless and otherwise, renovation works are carried out
in that premises, no Annadhanam can be provided there. However, such
renovation works would atleast take two months for completion. In such
circumstances, this Court is not inclined to permit the petitioner to provide
Annadhanam inside the subject premises. However, the petitioner is granted
liberty to provide Annadhanam to the general public outside the subject
premises by following the relevant rules and regulations in force.
8. Accordingly, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
17.02.2026 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No
mbi
Note: Issue order copy on 17.02.2026
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To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Office of Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
3. The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
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KRISHNAN RAMASAMY, J.
mbi
17.02.2026
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