Madras HC orders raise questions over HR&CE Department
October 12, 2026
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Home Politics

Tamil Nadu: Series of Madras HC orders raise questions over HR&CE Department’s functioning under CM Stalin

The court also directed that a report be filed by 22 November, besides issuing a circular to all temples in Tamil Nadu prohibiting the construction of commercial complexes using temple funds. The court warned that failure to comply with its order would invite contempt of court proceedings

TS VenkatesanTS Venkatesan
Oct 24, 2025, 09:20 pm IST
inPolitics, Bharat, Tamil Nadu
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The recent series of orders from the Madras High Court in related to temple management and their stand on the grievances of devotees strengthens the demand to free temples from government control. The observations made by courts expose how CM Stalin’s Dravidian model is exploiting temple affairs.

In the first case, which pertains to a writ filed by A.P. Palani of Villivakkam, the petitioner sought a ban on constructing commercial and residential buildings on land belonging to the Kandakottam Muthukumaraswamy shrine using temple funds. He stated that despite a court order prohibiting the use of temple funds for constructing commercial buildings, such projects were being undertaken by several temples.

The DMK government claimed that the petition had been filed only after 80 per cent of the construction work had been completed. It argued that buildings worth Rs 7 crore were being built, which were expected to generate a monthly income of Rs 7 lakh. The government’s counsel also informed the court about a proposal to amend the HR&CE Act to enable such developmental works.

After hearing both sides, the first bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, on October 23, directed that such structures should be used strictly in accordance with the HR&CE Act and only for the convenience of devotees, not for any commercial purpose. The court also directed that a report be filed by 22 November, besides issuing a circular to all temples in Tamil Nadu prohibiting the construction of commercial complexes using temple funds. The court warned that failure to comply with its order would invite contempt of court proceedings.

In another case, on 22 October 2025, the Madras High Court, in an interim order, banned all civil construction work at the Kallazhagar Temple in Madurai. The ban was issued by a Division Bench after it found the temple’s plans to build commercial structures—such as a restaurant and VIP cottages—with surplus temple funds to be illegal.

Welcoming the order, temple activist T.R. Ramesh wrote on X: “The Hon’ble Division Bench at Madurai—Madras High Court—has today issued an interim order of a BLANKET BAN on all civil works in and around Sri Kallazhagar Temple, Azhagarkoil, using the temple’s funds and properties.

An ancient temple with extraordinary heritage significance. Today, Shri M.R. Venkatesh (@MRVChennai), along with Advocate Arun Swaminathan appearing for a devotee, led the deliberations on why the orders passed by the TN Government and @tnhrcedept utilising about ₹50 crores of the temple funds were patently ILLEGAL.

Young lawyer Anirudh, appearing for another devotee, presented some core aspects of the HR&CE Act. Finally, @OurTemples Shri Rangarajan Narasimhan presented nearly 100 pictures before the Hon’ble Bench showcasing the extraordinary levels to which Sri Kallazhagar Temple has degenerated under @tnhrcedept.

The Hon’ble Bench, after a detailed hearing that went beyond court hours, issued a BLANKET BAN on all constructions in and adjacent to the temple.”

https://twitter.com/trramesh/status/1980982306237272459

The court observed that the construction constituted a misapplication of temple resources, which, according to the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, can only be used for religious or charitable purposes. Temple activists argued that the HR&CE Department’s actions were illegal and that the construction was being undertaken without proper assessment.

Earlier, in August 2024, the Madurai Bench of the Madras High Court had ordered an interim injunction against the construction of restaurants, shopping complexes, and VIP cottages at the Kallazhagar Temple.

In yet another case, the Madras High Court made a significant oral observation, stating that the HR&CE Department is “duty-bound” to proactively upload all government orders, tender notifications, and financial information pertaining to temples on its website, emphasising that this involves “the money of the devotees.”

The directive came during the hearing of a writ petition (WP No. 39448 of 2025) filed by temple activist T.R. Ramesh, who sought a mandamus to compel the HR&CE Department to comply with Section 4(1)(b) of the Right to Information (RTI) Act, 2005, which mandates proactive disclosure of information by public authorities.

Ramesh noted: “It has been 20 years since the RTI Act, 2005 came into force. The @tnhrcedept is one of the worst offenders of the Act. They do not disclose anything on their website as required under Section 4 of the Act. They refuse information validly sought under RTI and have no shame in doing so. The reason is obvious—they are currently indulging in hundreds of illegal activities involving Hindu temple funds and properties. To make matters worse, the State Information Commission in Tamil Nadu does nothing about complaints or appeals by RTI activists for at least two years.”

https://twitter.com/trramesh/status/1979179459845443809

A week ago, during a hearing of a petition filed by 12 Thirisuthanthirars, seeking the court’s direction to ensure strict adherence to religious practices in performing kainkaryams like poojas and archanas by their families—as approved by the Principal District Munsif Court in Srivaikundam in 1991—Justice G.R. Swaminathan took note of the hurdles faced by devotees due to ongoing disputes.

He raised several queries to the temple administration, directing the authorities to respond by 24 October. The court asked whether a queue could be formed by creating an iron flyover bridge inside the temple—similar to those in Guruvayur and Tirupati temples—to facilitate clockwise circumambulation if the same was not possible with the existing arrangements. He also inquired whether general queue darshan was stopped during VIP and VVIP darshan, and if so, whether the temple management would consider earmarking an exclusive period for VIP/VVIP darshan.

In another development, the first bench of the Madras High Court has taken up a suo motu writ petition seeking to ensure that no unauthorised temples, mosques, churches, or other religious places of worship are constructed on public roads, streets, or parks in Tamil Nadu.

Following the announcement of protests, the Revenue Department successfully halted prayers at a newly built illegal mosque in Arivoli Nagar near Palladam in Tiruppur district. In a peace meeting, it was decided to allow the mosque’s inauguration without prayers until DTPC approval is obtained.

Despite orders from the High Court and Supreme Court two years ago, an illegal mosque in Koyambedu is yet to be demolished.

Topics: HR&CE departmentAnti-Hindu acts by DMKFailed Dravidian modelCM StalinTemple Management
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