As per case facts, the petitioner in W.P.(MD) No.11386 of 2026 sought a court direction for the Hindu Religious and Charitable Endowments Department to implement an expert committee's report, advocating ...
W.P.(MD) Nos.11386 & 12387 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on 19.08.2026
Pronounced on 03.09.2026
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN
W.P.(MD) Nos.11386 & 12387 of 2026
W.P.(MD) No.11386 of 2026
Tamil Rajendiran @ R.Rajendiran ... Petitioner
Vs.
1.The Principal Secretary to
Government of Tamil Nadu,
Hindu Religious and Charitable
Endowments Department,
Secretariat, Chennai - 600 009.
2.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Road,
Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department, Madurai.
4.The Joint Commissioner/ Executive Officer
of Arulmigu Meenakshi Sundareshwarar Temple,
Madurai.
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W.P.(MD) Nos.11386 & 12387 of 2026
5.All India Adi Saiva Sivacharyargal Seva Sangam
Represented by its General Secretary,
B.S.R.Muthukumar,
No.41/19, South Usman Road,
T.Nagar, Chennai - 600 017.
6.V.Aranganathan
7.S.Senthil
8.C.Halashya Nathan
9.K.Velayutha Battar ... Respondents
[R3 and R4 were suo motu impleaded vide court's order
dated 21.04.2026]
[R5 and R6 were impleaded vide courts' order dated
13.08.2026 in W.M.P.(MD) Nos.15176 and 17047 of 2026]
[R7 to R9 were impleaded vide court's order dated
19.08.2026 in W.M.P.(MD) No.17583 of 2026]
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Mandamus directing the respondents to get
report from the experts committee constituted for this purpose and take
effective steps to implement the same for the use of Tamil Spiritual
Manthras and Tamil hymns along with Sanskrit in Yaga Saalai, Karuvarai
and Gopura Vimaanam equally in line with the similar previous orders of
this Court in all Temple Kudamullukkus including Madurai Sri Meenatchi
Amman Temple Kudamulukku to be held on 17
th
day of September 2026
on the basis of the representation dated 28.01.2026 and help to glorify of
devotional tamil devotees.
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W.P.(MD) Nos.11386 & 12387 of 2026
For Petitioner: Mr.M.K.Suresh
For R1 to R3: Mr.P.V.Balasubramanian,
Additional Advocate General
assisted by Mr.R.Parthiban
Special Government Pleader
For R4 : Mr.R.Murali
For R5 : Mr.P.Valliappan, Senior Counsel
for Mr.P.Thiyagarajan
For R6 : Mr.S.Vanchinathan
For R7 to R9: Mr.V.R.Shanmuganathan
W.P.(MD) No.12387 of 2026
D.Sureshbabu ... Petitioner
Vs.
1.The Secretary to Government,
Tourism, Culture and Religious
Endowments Department,
Fort St.George, Secretariat, Chennai.
2.The Commissioner,
O/o.The Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowment Department,
Uthamar Gandhi Salai,
Nungambakkam, Chennai
3.The Joint Commissioner / Executive Officer,
O/o.The Joint Commissioner,
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W.P.(MD) Nos.11386 & 12387 of 2026
Arulmigu Meenakshi Sundareswarar Tirukovil,
Madurai - 625 001.
4.The Chairperson,
Board of Trustees,
Arulmigu Meenakshi Sundareswarar Tirukovil,
Madurai - 625 001.
5.All India Adi Saiva Sivacharyargal Seva Sangam,
Represented by its General Secretary,
B.S.R. Muthukumar,
No.41/19 South Usman Road,
T.Nagar, Chennai - 600017. ... Respondents
[R5 was impleaded vide court's order dated 13.08.2026
in W.M.P.(MD) No.15173 of 2026]
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorarified Mandamus to call for the records
pertaining to the order in Na.Ka.No.6010/2025/E3 dated 11,03.2026 of
the third respondent and quash the same and direct the respondents to
allow the petitioner/Tamil Velvi Asiriyar to perform Velvi Kundam
Nigalvugal in the Kudamuzhaku Peruvizha of Arulmigu Meenakshi
Sundareswar Temple, Madurai scheduled on 17.09.2026.
For Petitioner: Mr.R.Amardeep
For R1 & R2 : Mr.P.V.Balasubramanian,
Additional Advocate General
assisted by Mr.R.Parthiban
Special Government Pleader
For R3 : Mr.R.Murali
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W.P.(MD) Nos.11386 & 12387 of 2026
For R5 : Mr.P.Valliappan, Senior Counsel
for Mr.P.Thiyagarajan
*****
C O M M O N O R D E R
By this common order, both these Writ Petitions are being disposed
of.
W.P.(MD) No. 11386 of 2026
2. In W.P.(MD) No.11386 of 2026, the petitioner [Tamil Rajendiran
@ R.Rajendiran] has sought for a direction to the Principal Secretary and
the Commissioner of the Hindu Religious and Charitable Endowments
Department to obtain a report from the Expert Committee constituted for
this purpose and to take effective steps to implement the same by
permitting the use of Tamil spiritual mantras and Tamil hymns, along with
Sanskrit, in the Yaga Saalai, Karuvarai and Gopura Vimaanam, on an
equal footing, in line with the earlier orders passed by this Court in similar
matters, in all Temple Kudamullukkus, including the Kudamullukku of
Arulmigu Meenakshi Amman Temple, Madurai, scheduled to be held on
17.09.2026, based on the representation dated 28.01.2026 and thereby
facilitate the glorification of devotional Tamil traditions.
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W.P.(MD) Nos.11386 & 12387 of 2026
3. After W.P.(MD) No.11386 of 2026 was filed, the Joint
Commissioner of the H.R. & C.E. Department and the Joint
Commissioner-cum-Executive Officer of Arulmigu Meenakshi
Sundareshwarar Temple were suo motu impleaded as the third and fourth
respondents, vide order dated 21.04.2026.
4. The said All India Adi Saiva Sivacharyargal Seva Sangam and
one V.Aranganatha were also later impleaded as the fifth and sixth
respondents, vide order dated 13.08.2026, in W.M.P.(MD) Nos.15176 and
17047 of 2026 in W.P.(MD) No. 11386 of 2026.
W.P.(MD) No.12387 of 2026
5. In W.P.(MD) No.12387 of 2026, the petitioner [D.Sureshbabu]
has challenged the impugned order dated 11.03.2026 passed by the third
respondent, namely, the Joint Commissioner/Executive Officer, Arulmigu
Meenakshi Sundareswarar Tirukovil, rejecting the petitioner's request
dated 17.11.2025 and 24.11.2025 to permit him, along with the members
of his team, who are stated to be experts in performing Tamizh Vazhi
Tirukudamuzhuku (Kumbabisegam), to perform Velvi Kunda Nigalvugal
[i.e., raising sacred fire in the temple complex) by conducting Velvi and
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W.P.(MD) Nos.11386 & 12387 of 2026
chanting Tamil Mandram during the Tirukudamuzhuku Vizha at
Arulmigu Mandirapedeshwari Mangalambigai Samedha Arulmigu
Adhi Kumbaeshwarar Swamy Tirukovil, Kumbakonam
*
and at
Arulmigu Meenakshi Sundaraswarar Temple, Madurai
#
, before, after
and during the entire Kubabishekam Velvi Nigalvugal, in an equal
number of Velvi Kundams in the temples, at par with the Sanskrit Yaga
Kundams. The relevant portion of the impugned order dated 11.03.2026
passed by the third respondent, namely, the Joint Commissioner/Executive
Officer, Arulmigu Meenakshi Sundareswarar Tirukovil reads as follows:-
“ghh;itf; Fwpg;G 1-y; fz;Ls;s khz;gik
nrd;id cah;ePjpkd;w kJiuf;fpis
ePjpg;Nguhiz kD W.P.(MD) No.35686 of 2025-y;
16.12.2025-e; Njjpapl;L khz;gik ePjpkd;wk;
gpwg;gpj;Js;s cj;jutpd; mbg;gilapy;
ePjpg;Nguhiz kDjhuuhfpa jhq;fs; 17.11.2025
kw;Wk; 24.11.2025 Njjapl;L ,j;jpUf;NfhapYf;F
nra;Js;s tpz;zg;gj;jpd; %ykhd Nfhhpf;if
njhlh;ghf KbT vLf;Fk; tiff;F jq;fsJ
Nfhhpf;if jpUf;Nfhapy; mwq;fhtyh;fs; FO
Kd;ghf jPh;khdk; nra;Ak; nghUl;L> ghprPypidf;F
itf;fg;gl;lJ. mjdg;gb ghh;itf; Fwpg;G 2-y;
fz;Ls;sthW> mUs;kpF kPdhl;rp Re;jNuRtuh;
jpUf;Nfhapy; mwq;fhtyu; FOtpdu; ,aw;wpAs;s
jPu;khdk; vz;.176 ehs;.27.02.2026-y; gpd;tUkhW
jPu;khdkhfpAs;sJ.
“mUs;kpF kPdhl;rp Re;jNuRtuu;
jpUf;Nfhapy; gd;ndLq; fhykhf Mfk
tpjpfSf;F cl;gl;L ehs;NjhWk; G+i[fSk;
kw;Wk; tpohf;fSk; rPupa Kiwapy; eilngw;W
*No arguments advanced for the said temple
#Dispute currently relates to the said temple for which the date for Kudamuzhuku
(Kumbabisegam) has been fixed to be held on 17.09.2026
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W.P.(MD) Nos.11386 & 12387 of 2026
tUfpd;wJ. NkYk;> jpUf;Nfhapypd; FlKOf;F
epfo;thdJ Mfk tpjpfSf;F cl;gl;Lk;
Nfhapypd; ghuk;gupa Kiwia gpd;gw;wpAk;>
eilngw;W tUfpd;wJ. NkYk; jpUf;Nfhapypy;
Kiwahd jFjpAila ];jhdPfgl;lu;fSk;
kw;Wk; jkpo; jpUKiw XJthu;fSk; cs;sdu;.
FlKOf;F tpohtpd; nghOJ> Nkw;gb jFjp
tha;e;j egu;fshy; Kiwahf fle;j fhyj;jpy;
FlKOf;Fk;> Nts;tpfSk; nra;ag;gl;Lk; kw;Wk;
vjpu;fhyj;jpYk; FlKOf;Fk; kw;Wk; Nts;tpfSk;
nra;ag;gLk; vd;gjhy; kDjhuu; RNu~;ghGtpd;
Nfhupf;if Vw;gjw;F Kfhe;jpuk; ,y;iy vd
KbT nra;a jPu;khdpf;fg;gLfpwJ.
”
vdNt> mUs;kpF kPdhl;rp Re;jNuRtuu;
jpUf;Nfhapy; mwq;fhtyu; FO jPu;khdj;jpd;
mbg;gilapy; jq;fsJ 17.11.2025 kw;Wk;
24.11.2025 Mfpa Njjpfspl;l tpz;zg;g
nghUz;ik Vw;fj;jf;fjhf ,y;iy vd;w
tpguk; ,jd; %yk; jq;fSf;F njuptpj;Jf;
nfhs;sg;gLfpwJ.”
6. The impugned order has been passed based on Resolution No.
176 dated 27.02.2026 of the Board of Trustees, the contents of which
have been extracted above.
7. The said Resolution records that the existing customary practices
of the temple are being followed and that qualified Stanikabattars
[];jhdPfgl;lu;fs;] and Tamil Thirumurai Odhuvars [jkpo; jpUKiw
XJthu;fs;] are available for chanting the Panniru Thirumuraigal [gd;dpU
jpUKiwfs;] in the temple for the conduct of the Kudamuzhuku
(Kumbabishekam) in future, as has been done previously.
8. After the said Writ Petition was filed, All India Adi Saiva
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W.P.(MD) Nos.11386 & 12387 of 2026
Sivacharyargal Seva Sangam, represented by its General Secretary,
impleaded itself as the fifth respondent in Writ Petition in W.P. (MD) No.
12387 of 2026 vide order dated 13.08.2026 in W.M.P.(MD) No.15173 of
2026. Mr.P.Valliappan, learned Senior Counsel, duly instructed by
Mr.P.Thiyagarajan, learned counsel, appeared for the said Sangam in
these Writ Petitions.
9. One S.Senthil, C.Halashya Nathan and K.Velayutha Battar
were also later impleaded as the seventh, eighth and ninth respondents
vide order dated 19.08.2026 in W.M.P.(MD) No.17583 of 2026 in W.P.
(MD) No. 12387 of 2026.
10. The case of the D.Sureshbabu, the petitioner in W.P.(MD)
No.12387 of 2026, is that he is a Saivite involved in religious and social
activities for the benefit of devotees of Saivism throughout Tamil Nadu
and that he is carrying out religious and charitable activities through a
registered Trust, namely, Sandigeswarar Seva Trust, which is
conducting Tirukudamuzhaku (Kumbabisegam) for the Temples in Tamil
Language.
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11. It is further the case of the petitioner that he underwent training
as a Manavan (Student) under Thirukailayaparambarai Meikandar
Perur Aadeenam Sirvalarseer Santhalinga Ramasamy Adikalar in
Thiruneriya Deiva Tamil Valipattu Aruliyal and was also conferred
with Asiriyar Tirumuzhaku (Aacharya Abisekam) by the 25
th
Gurumatha Sanidhanam of Tirukailayaparambari Perur Aadeenam.
12. It is submitted that in the presence of various Aadeenams, the
petitioner has been performing Velvi Kunda Valipadu Poojai, raising of
sacred fire [a part of the Kudamuzhuku/Kumbabisegam ceremony]
throughout Tamil Nadu for more than two decades.
13. The grievance of the petitioner [D.Sureshbabu] is that the
recitation of Tamil hymns in the temple should be given equal importance
during the Velvi Kundam Vazhipadu Poojai (i.e., the raising of the
sacred fire) as part of the Kudamuzhuku (Kumbabishekam) and should
also form part of the aforesaid event and since the Petitioner is well versed
with it, he should be allowed to recite it during the said ritual.
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14. It is the case of the petitioner that merely permitting the
Othuvars to sing at one place does not accord the Tamil language equal
importance on a par with Sanskrit and that meaningful and equal
importance can be accorded to the Tamil language during the
Kudamuzhuku (Kumbabisegam) ceremonies in temples under the
control of the H.R. & C.E. Department only by permitting Tamil Velvi
Asiriyargal, such as the petitioner, to perform Velvi/Yagam and other
Nigalvugal in Tamil during such ceremonies.
15. It is further the case of the petitioner that the temple has a long
Tamil history and was built by a Tamil Pandian King and associated
with the Tamil Sangam and that it is unfortunate that the petitioner is not
being permitted to perform Velvi Kunda Nigalvugal by conducting Velvi
and chanting Tamil Mandram during the Tirukudamuzhuku
(Kumbabisegam) Vizha.
16. The further case of the petitioner is that the entire
ceremony/nigalvugal relating to the Tirukudamuzhuku
(Kumbabisegam) cannot be performed by the Staniga Battars alone and
Tamil Thirumurai Othuvars of the Temple, along with the Battars and
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W.P.(MD) Nos.11386 & 12387 of 2026
other Brahmins who are proposed to be engaged by the Temple, as more
than 100 persons would be required to perform the Velvi Kunda
Nigalvugal in respect of the Veli Kundams alone.
17. The petitioner has produced a copy of the certificate issued by
the 25
th
Gurumatha Sanidhanam of Tirukailayaparambari Perur Aadeenam
in respect of Asiriyar Tirumuzhaku (Aacharya Abisekam).
18. The case of the petitioner in W.P.(MD) No.11386 of 2026
[Tamil Rajendiran @ R.Rajendiran] is that he is a Tamil language
enthusiast and has filed several Writ Petitions seeking the use of the Tamil
language on an equal footing with Sanskrit in various temples. It is further
his case that thousands of Temple Kudamuzhukkus (Kumbabisegams) are
performed using Tamil devotional mantras and Tamil songs by prominent
Mathadhipathis, such as Perur Aadeenam and Kundrakkudi Adigalar.
19. It is further the case of the petitioner that the H.R. & C.E.
Department has to take a transparent decision at the earliest and that
Tamil saints/Othuvars/Velviyalars have to be identified and invited to
chant Tamil mantras during the Tirukudamuzhukkus (Kumbabisegams)
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W.P.(MD) Nos.11386 & 12387 of 2026
conducted in all temples.
20. It is also the case of the petitioner that an Expert Committee has
been constituted to make suggestions regarding the details of the Tamil
mantras to be used in various types of temples and that the members of the
Expert Committee are ready to submit their recommendations if called
upon to do so by the respondents.
21. The Joint Commissioner/Executive Officer of the Arulmigu
Meenakshi Sundareswarar Thirukoil, Madurai [The third respondent in
W.P.(MD) No.12387 of 2026 and the fourth respondent in W.P.(MD) No.
11386 of 2026] filed the common counter-affidavit.
22. As far as W.P.(MD) No.12387 of 2026 is concerned, the
defence of the respondent Joint Commissioner/Executive Officer of the
Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai is that the temple
follows the Aagamas in performing daily poojas and festivals, including
the Kudamuzhuku and that the only Sthanika Battars of the temple
perform daily poojas to the main deity and other deities of the temple.
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23. It is further the defence of the Joint Commissioner/Executive
Officer of the Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai
that during the 2009 Kudamuzhuku (Kumbabisegam), the temple
administration invited Othuvars from various other temples under the
control of the H.R. & C.E. Department, along with the Tamil Othuvars of
the subject temple, to chant Tamil slokas and hymns during the
Kudamuzhuku (Kumbabisegam) ceremonies, by allotting a separate place
adjacent to the Yagasalai for the said purpose.
24. The further defence is that the petitioner cannot, as a matter of
right, claim permission to perform Velvi Kundam Nigalvugal in Tamil at
the third respondent temple and that the petitioner has no legal right to
compel the temple administration to permit him to conduct such
Nigalvugal during the Temple Kudamuzhuku (Kumbabisegam) and that
the petitioner is attempting to create a new right in his favour, which
cannot be entertained in a proceeding under Article 226 of the
Constitution of India.
25. The further defence is that the temple follows the Kaarana and
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Kaamiya Aagamas in its temple rituals. The temple rituals and
Kudamuzhuku (Kumbabisegam) are to be performed only in
accordance with the Aagamas followed by the temple and the petitioner's
request cannot be entertained contrary to the practice followed in the
temple.
26. It is submitted that Section 28 of the H.R. & C.E. Act, 1959,
mandates that every religious institution shall administer its affairs and
apply its funds and properties in accordance with the terms of the Trust,
the usage of the institution and the lawful directions which a competent
authority may issue in respect thereof. The specific expression “the usage
of the institution” was considered by the Constitution Bench of the
Hon'ble Supreme Court in Seshammal v. State of Tamil Nadu, (1972) 2
SCC 11 and therefore, the longstanding usage followed in the temple
cannot be altered at the instance of the petitioner.
27. As far as W.P.(MD) No.11386 of 2026 is concerned, the
defence of the respondent Joint Commissioner/Executive Officer of
Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai, is that each
temple has its own customary practices for performing poojas and
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W.P.(MD) Nos.11386 & 12387 of 2026
conducting festivals and that the temple administration is not opposed to
Tamil hymns and that due importance is being given to Tamil hymns by
engaging Tamil Othuvars, as has been in practice from the past.
28. The further defence is that during the Kudamuzhuku
(Kumbabisegam) ceremonies held in the temple in the past years, namely,
1923, 1954, 1963, 1974, 1995 and 2009, the Sivachariyars recited Veda
Parayanam and performed 12 Kala Yagasala Poojas and that during the
ten days Kudamuzhuku (Maha Kumbabisegam) period and thus the
Tamil Othuvars recite the Panniru Thirumurai comprising 17,000
songs, Abirami Anthathi, Chokalinga Venba, Sivabogasaram and
Meenakshipillai Tamil, for which separate arrangements will be made at
the Meenakshi Thirukalyana Mandapam with proper facilities.
29. Further, during the Yagasala Pooja, the Othuvars will recite
the Panniru Thirumuraigal at a separate place in the Yagasala. It is
submitted that the temple administration will follow the longstanding
practice of the past 100 years during the forthcoming Kudamuzhuku
(Maha Kumbabisegam) as well.
30. The issue came up for consideration before the Constitution
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W.P.(MD) Nos.11386 & 12387 of 2026
Bench of the Hon'ble Supreme Court in Seshammal v. State of Tamil
Nadu, (1972) 2 SCC 11, in the context of Article 16(5) read with Article
13(1) and (3) of the Constitution of India.
31. The learned Senior Counsel Mr.Valliappan appearing for the
All India Adi Saiva Sivacharyargal Seva Sangam submitted that the
issue was not merely with regard to the use of a particular language during
the Kumbhabhishekam, but concerned the Agamic Rules governing the
rituals of an ancient temple, placing the entire issue in the context of the
constitutional protection afforded to religious practices.
32. The learned Senior Counsel further submitted that before any
direction is issued regarding the manner in which the Kudamuzhuku
(Kumbabishekam) is to be conducted, the Agama governing Arulmigu
Meenakshi Sundareswarar Temple, Madurai, has to be first identified and
that the Court could not be called upon to prescribe or modify a religious
ritual without first establishing the existing Agamic practice and
determining whether the proposed change was permissible under the
applicable Agama.
33. The learned Senior Counsel further submitted that the
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distinction between the administrative management of a temple and the
religious rituals performed therein has to be maintained and that while the
Government and the H.R. & C.E. Department can regulate the
administration of the temple, they cannot themselves rewrite the religious
procedures followed in an Agamic temple.
34. The learned Senior Counsel also relied upon the decision of the
Hon'ble Supreme Court in Adi Saiva Sivachariyargal Nala Sangam and
others v. Government of Tamil Nadu and another, (2016) 2 SCC 725
which followed the decision of the Hon'ble Supreme Court in
Seshammal, referred to supra.
35. He also drew the attention of this Court to a decision of the
Hon'ble First Bench of this Court in All India Adi Saiva Sivacharyargal
Seva Sangam, referred to supra, whereby a direction was issued to the
State to constitute a Committee under the Chairmanship of the Hon'ble
Mr.M.Chockalingam (former Judge of this Court). I shall refer to the
order in ensuing paragraphs. He further submitted that in the said order,
the First Bench of this Court emphasised that the earlier decisions
recognise the importance of identifying the Agama applicable to a
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W.P.(MD) Nos.11386 & 12387 of 2026
particular temple.
36. The learned counsel for the newly impleaded seventh to ninth
respondents in W.P.(MD) No.11386 of 2026 reiterated the submissions
made by the learned Additional Advocate General as well as those made
by the learned Senior Counsel appearing for the Sangam and submitted
that any deviation from the customary practices of the temple is prohibited
under the Scheme of Constitution and therefore, the prayer sought for by
the petitioners in these Writ Petitions is liable to be rejected.
37. Before proceeding further, it will be useful to refer to the
History of the Meenakshi Sundareswarar Temple and to get familiarize
with the expression Kudamuzhakku/Kumbahishekam.
38. I have considered the arguments advanced by the learned
counsels for the petitioner, the learned Senior Counsel for the All India
Adi Saiva Sivacharyargal Seva Sangam, the learned Additional Advocate
General for the H.R. & C.E. Department including the Joint
Commissioner-cum- Executive Officer of Arulmigu Meenakshi
Sundareshwarar Temple, Madurai and the learned counsels for the private
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W.P.(MD) Nos.11386 & 12387 of 2026
respondents.
BRIEF HOSTORY OF MEENAKSHI SUNDARESHWARAR
TEMPLE, MADURAI
39. In an independent research by Dr.D.Uma, (Head & Assistant
Professor, Department of History) published in History Research Journal,
Volume 5 – Issue 6 – November – December 2019 (ISSN: 0976 - 5425)
under the title “Contributions of the Pandyas to the Meenakshi
Sundareswarar Temple Madurai” where it has been stated as follows:-
“Early Period
While the temple originated in times to which no
date can be assigned, the greater part of the temple with
the exception of the innermost shrines of Meenakshi and
Sundareswarar is believed to have been built between the
twelfth and eighteenth centuries.
6
The massive outer walls
of the temple form a rectangle, covering an area of about
14 acres. There is little doubt that the temple stands on the
same site as it did in the earliest Pandya times.
7
It is said
that it took 120 years to complete the temple. The temple is
carved with plaster figures alone number over 33 million.
The total cost of construction is about 12 million rupees.
8
The earliest literary reference to the Meenakshi
temple occurs in the Maduraikkanchi
9
, a sangam work
written by MankudiMarutanar, dated to 1-2 century A.D.
In the 7th century A.D ThiruGnanasambandar, who visited
the Madurai temple, sang many hymns in praise of Lord
Shiva as AlavaiIraivan and ThiruAlavaiChokkanand His
consort as Ankayarkanniand the temple wall was referred
as ‘KapaliMadil’. The present inner walls of the Lord’s
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Shrine bear this name today. Gnanasambar visited the
temple during the time of MaravarmanArikesari (640 –
670 AD).
10
The temple in the 7th Century AD was a single
celled santum with shrine of AlavaiIraivan and a
compound wall. In the early times the entire temple must
have been confined to the area between these walls.
Kumara Kurubarar also mentions the God as AlavaiAnnal
and the Goddess as AngayarKanniAmmai.
11
ParipadalThirattu, another literary work compares
the Madurai city to a lotus flower. It depicts the temple as
the central part of a lotus flower (nucleus), its petals as
streets, pollens as the citizens.
12
Kalladam, a 9th Century
AD literature also refers to the temple as well as the thirty
Leelas(divine sports) of Lord Shiva.
13
This work is said to
have been a translation of a Sanskrit work namely
‘SarasaMachchaya’.
14
Twelfth Century
Thirupanimalai, ThirupaniVivaram and Srithalam
give a detailed account of the kings and devotees who
carried out the works in different parts of the temple in
different periods. The second Pandyan kings ruled
Madurai from 1190 to 1313 AD.
15
Pandya king
JatavarmanKulasekara
16
(1190-1216 AD) built a great
temple for Lord Shiva, a Suyambulingam, once worshipped
by Indra, king of God.
17
The earliest buildings in the
temple which exist to this date, including a three storied
gopura at the entrance of Lord Sundareswarar Shrine and
the central portion of the Goddess Meenakshi Shrine were
constructed by KulasekaraPandya. He is also said to have
built temples to guardian deities to the North, South, East
and West of the city. These were the Ayyanarkoil (temple)
in the East, VinayagarKoil in the South,
KariamalperumalKoil in the West and Kali Koil in the
North. He also erected the parivara deities like Surya, the
shrine of Natarajar and Sandeswara and a
Mahamandapam. KulasekaraPandya was also a poet and
he composed a poem on Meenakshi named AmbikaiMalai.
18
Towards the later part of his reign (1205 A. D.)
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KulasekharaPandya was defeated by Kulothunga III
19
who
then performed Virabhishekamand Vijayabhishekam in
Madurai city
20
Thirteenth Century
The next builder to leave an indelible impression on
the Madurai temple was the great monarch
MaravarmanSundaraPandyan
21
. He ascended the throne in
1216 AD.
22
He defeated Kulotunga III, the Cola ruler in
1219 AD.
23
In his 15th year of rule he constructed a
gopurain the name of Avanivendaraman
24
and that gopura
is named as SundaraPandyaThirukkopuram.
25
This was the
earliest of the gopurasconstructed in the Madurai temple.
26
The gopura was started by MaravarmanSundaraPandyan I
and completed by JatavarmanSundaraPandyan
(1251-1268AD). In the temple
MaravarmanSundaraPandyan II (1238-51AD) enlarged
the Swami Koil(god’s shrine) by adding the outer corridor
around which he built the wall now known as the
‘SundaraMaranMathil’. He built the other walls of the
Amman temple and built the SannadhiMandapam known
as SundaraPandyanMandapam. He also built a seven
tiered gopura (Chitragopuram), a mandapafor
AtiraveesiAaduvar
27
and completely renovated the temple.
Chitragopuram is the only seven tiered gopura in the
temple. It is also known as ‘MuttalakkumVayil’. A three
tired gopura in the Amman Shrine, (on the way to Amman
shrine from KilikuttuMandapam) was constructed by
VembaturarAnandaThandavaNambi in 1227AD. So it is
also called as ‘VembathurarGopuram’.
28
He was a
descendant of PerumbatraPuliyurNambi who wrote the
ThiruvalavayudayarThiruvilayadalPuranam. The work
mentioned above was released in the court of Varathunga
Rama Pandyan in Karivalamvanthanallur. The king gave
the author many gifts including the area in which he lived
which was known as Selli Nadu. They were thus a wealthy
family. The building of the VembathurarGopuram is
ascribed by some to AnandaThandavaNambi, and by
others to his wife.
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Fourteenth Century
During the fourteenth Century the MelaiGopuram
29
(Western Tower) in AdiStreet was constructed by
ParakramaPandya (1323AD).
30
The five tiered eastern
tower at Lord Sundareswarar Shrine was built by
Vasuvappan in 1372AD.
31
The five tiered western tower of
the Shrine is said to have been built by one Mallappan in
1374 AD.
32
The old temple was destroyed in 1311AD
during the Malik Kafur’s invasion. The outer wall with 14
towers was pulled down and the temple was closed for
forty eight years.
33
Only the two shrines of Lord
Sundareswarar and Goddess Meenakshi survived, but the
buildings which immediately surrounded them were
collapsed along with arts and sculptures.
34
After the fall of
Madurai Sultanate in 1365 AD to Kumara
KampanaUdayar, the Vijayanagar King, most parts of
TamilNadu came under Kumara Kampana in 1366 AD.
35
Then he came with a large army to Madurai in 1372 AD
and defeated Ala-ud-din Sikkandar Shah and captured
Madurai and annexed it as a part of Vijayanagar Empire.
His aim was not only to annex the Southern parts with the
empire but also to renovate the temples at Srirangam,
Chidambaram, Kannanur and Madurai which were
destroyed by the Muslim invasion. He made arrangements
for the regular pujas in these temple
36
and people were
allowed to worship. In view of the fact that the city was
under Muslim rule until 1373, when Kumara kampana
drove away the invaders, it is difficult to conceive of this
having been built on the date assigned. However it is
generally agreed that architecturally it belongs to this
period. It is therefore quite possible that it was built soon
after Kampana’s victory over the Muslims.
37
According to
ThirupanimalaiKampana rebuilt the compound wall,
brought back the idols, which were hidden in Nanjil Nadu
during the Muslim invasion and donated jewels. He also
gave some villages for performing the daily pujas in the
temple. ‘Mathura Vijayam’ written by his wife Gangadevi
mentions about the invasion of his husband to Madurai.
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Reference
6. Robert Sewel, List of Inscriptions and Sketch of the
dynasties of Southern India, Archaeological Survey of
Southern India, Vol II, Madras, 1971, p.19.
7. P.K.Nambiar and K.C.NarayanaKurup, Census of India
1961, Vol IX, Temples of Madras State, Madras, 1969, p.
131.
8. Ibid.
9. Maduraikkanchi, ll. 331-669
10. T.V.SataShivaPandarathar, PantiyarVaralaru (Tamil),
South Indian SaivaSiddhanta Works Publishing Society,
Chennai, 1966, p.38.
11.P.Arangasami, AdhiKumaragurubarar
(KurungKappiam) (Tamil), Lalkudi, 2003, p.35.
12.P.V.Somasundaranar, ParipadalThirattu (Tamil),
Thirunelveli,
ThenninthiyaSaivasidhanthaNoorpathipukazhakam
Ltd., Chennai, 1975, p.407.
13. T. V. SadasivaPandarathar, Kalladam, Senthamil, Vol
IV, Madurai Tamil Sangam, Madurai, 1916, p.113.
14. C.Santhalingam, A peep into the Meenakshi Temple,
ArulmiguMeenakshiSundareswararThirukkoilKumbabis
hekamSovenier, Madurai, 2009, p.364.
15. Mrs.T.Thiyagarajan, PandiyarVaralaru(Tamil),
Madurai Tamil SangamPonvizha Malar, Madurai,
1956, p.348.
16. ARE 275 of 1941-42.
17. W.Francis, Madura District Gazetteer, Cosmo
Publications, New Delhi, 2000, p.35.
18. S. R. SuppiramaniaKavirayar (Ed), AmbikaiMalai by
KulasekaraPandya (Tamil), Madurai Tamil Sangam,
Madurai, 1934, p. 13.
19. IPS 163, 166
20. IPS 169, 176
21. ARE 60, 61 of 1905.
22. EpigraphiaIndica, Vol. VIII, p.24.
23. SII,Vol XXIII. No. 124
24. ARE 285 of 1941-42
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25. ARE 286 of 1941-42
26. S.KrihnasamyAyyangar, South India and Her
Mohammadan Invaders, Asian Educational Services,
New Delhi, 1921, p.99.
27. ARE 187 of 1941-42
28. V.Kandasami, Madurai VaralarumPanpadum (Tamil),
Indira Pathipagam, Madurai, 1981, p.122.
29. Thiruppanimalai, V. 12.
30. Thiruppanivivaram, No.6
31. Thiruppanimalai, V. 14.
32. Thiruppanivivaram, No. 8.
33. T.R.Sareen and S.R.Bakshi (Ed), Temples of India,
Anmol Publications, New Delhi, 1993, p.159.
34. S.Clement, Main Currents of Vijayanagar History,
Madurai, 1974, p.28.
35. ARE 243 of 1919 and ARE of 693 of 1904.
36. S.KrishnaswamiAiyangar (Ed) Robert Sewell’s,
Historical Inscriptions of South India, Madras 1982, p.
198.ARE 18 of 1899 & 55 of 1892.
37. N.R.Subramaniya Sharma, A Short History of the
Pandyan Kingdom under Nayak Rulers, Madurai,
PariNilayam, Madras, 1965, p.217.
40. The above passages has been extracted only to give a bird’s eye
view of the history of the subject temple namely Meenakshi
Sundareshwarar temple. The said paper copiously makes cross reference
to various literatures. The above passages have been merely extracted to
give a bird’s eye view and is not intended to authenticate the content
thereof. They have been therefore extracted with the above disclaimer.
A NOTE ON KUDAMUZHUKKU / KUMBABISHEKAM :-
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41. The expressions “Kudamuzhuku”/“Kumbabishekam” are terms
used to denote the consecration of a temple, the former i.e Kudamuzhuku,
being a Tamil equivalent of Sanskrit term Kumbabishekam. The
Kudamuzhuku (Kumbabishekam) is ordinarily conducted once in Twelve
Years after the initial consecration of the temple.
42. The last Kudamuzhuku (Kumbabishekam) of Arulmigu
Meenakshi Sundareswarar Tirukovil is said to have been held in 2009. On
account of various factors including a fire in Veera Vasantharayar
Temple Mandpam in 2018, it could not be held in 2021.
43. Kudamuzhuku (Kumbabishekam) is now proposed to be held
on 17.09.2026. Necessary steps have been taken in this regard by both the
H.R. & C.E. Department and the Board of Trustees of the Temple, along
with the third respondent, the Executive Officer. Renovation work of
Veera Vasantharayar Temple Mandpam was completed and was
inaugurated on 30.08.2026. The rituals connected with Kudamuzhuku
(Kumbabishekam) is to commence on 06.09.2026 with Vigneshwara
poojai.
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44. Same author in an other article also explains the relevance of
consecration of the temple i.e., Kudamuzhuku (Kumbabishekam). Again
the passages extracted below are not to be taken as an authenticate source
of information unless same is subject to authentication in an appropriate
proceeding.
45. The below mentioned passages are to explains the reasons for
history of Kudamuzhuku (Kumbabishekam) that is to be performed on
17.09.2026.
46. The same author under the tile “Renovation Rituals of
Meenakshi Amman Temple, Madurai – A Historical Study” has
published an article in the journal of Modern Tamizh Research (A
Quaterly International Multilateral Thamizh Journal), Volume 9 – N0.2,
April- June 2021 (ISSN 2321-984X). Excerpts of the said article reads as
under:-
“History or Kumbabishekams in the Temple
Kumbabishekams were performed after an elaborate
renovation works in the Meenakshi Amman temple. As
mentioned in Srithala Puttakam (book) a Kumbabishekam
was performed by Kumara Kambanna Udayar only for the
Meenakshi Shrine in 1381 AD. The idol Of Meenakshi was
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taken and hidden in the Vimana and the entrance of God
Shrine was closed during the time of Muhammaden
invasion. Kumara Kambanna renovated the Meenakshi
Shrine only, as there was no damage for the
Sundareswarar Shrine. During his time it seems to be there
were eight gopuras including two vimanas in the temple.
In 1628 AD Thirumalai Nayak carried on the
renovation work. The damaged portions of the Meenakshi
temple were removed and constructed newly with lot of
expenditure. They used the well ground jaggery, gallnut,
gooseberry and blackgram. They were grounded two t
imes, soaked in the water and mixed with the lime stone
paste. These details were mentioned in Thiruppanimalai.
12
He repaired the whole temple by this method. But there
was no mention about the performance Of Kumbabishekam
by him. He might have postponed it for the completion of
Rayagopuram which remained incomplete till this time.
Srithala Puttakam states that an Ashtabandana
Kumbabisekam held for Sundareswara Shrine on 1708 AD
under Muthumalai Mudaliyar during the reign of
Vijayaranga Chokkanatha Nayak. After the period Of
Nayak rulers the condition Of the temple was in a very bad
state. The east gopura was in a damaged condition and the
traffic through the East Cithirai Street was blocked for
reasons of security. The entire ceiling in the temple was
leaking and a number of mandapas became the living place
for birds, scorpions, snakes and other Wild insects. The
renovation work was started on January 23, 1872 by the
members Of the Trust Board Of the Temple.
Kutti Ayyah and his father Devakottai
Mutturamalinga Chettiar collected considerable amount Of
money from the philonthrophists all over the country upto
Rameswaram. After obtaining the permission Of the
trustees, the renovation programme was first initiated with
the rebuilding of the Kampathadi mandapam. The twenty
five sculptural pil lars and Other pillars were touched up,
providing beams and podigai wherever necessary. These
pillars were made Of huge block of stones which were
obtained from Andar Kottaram. Nagappa Chettiyar,
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Venkatachalam Chettiyar, Annamalai Chettiyar and
Subramanian Chettiyar the four sons Of Ramanathan
Chettiyar from Amaravati Pudhur, in the present
Shivagangai District renovated the temple. They donated
milk and flowers for the pujas. In 1863 the administration
went under five member committee headed by Nagappa
Chettiyar. He and his brothers renovated the temple,
donated jewels and vahanas(vehicles) for the temple out of
their personal income of Rs.25 lakhs. Then by their effort a
kumbabishekam was performed on 06.02.1878.
13
Nattukottai Nagarathar donated two golden pots weighing
179kg for Abhisekam of God and Goddess.
On 01.07.1923 a Kumbabishekam was performed by
Muthu Karu V. Alagappa Chettiar, the first executive
Officer Of the temple.
14
The head Of the Thiruvaduthurai
Matt, Sri Abbalavana Desigar was the president. There is
no record of any of the gopuras having been renovated at
that time.
On 28.06.1963 a Maha Kumbabishekam Svas
Ikrformed under the leadership Of P.T.Rajan, Bar- at-Law.
15
His Holiness Jagadguru Sankarachariar of Kamakoti
Peetam graced the occasion. The seeds of the 1960-63
Thiruppani were sown in Thiruvadavoor, the birth place of
the Saint Manikkavasagar.The temple at that place had
been renovated by a committee Of which Sir P.T.Rajan was
the president. Seeing the transformation of the premises
after the renovation, many of the members who had
assembled for the Kumbabishekam thought that the Great
Temple at Madurai too should be renovated and that the
person most fit to be entrusted With such a herculean task,
was Sir, P.T.Rajan himself.
The proposal for renovating the great temple at
Madurai was first made during a meeting ofthe trustees of
the temple on 28.10.1959. The work was inaugurated On
17.4.1960, the estimated cost being Rs.20 Lakhs.
The tar-felt laid during the Kumbhabishekam in
1963 was worn out badly due to the exposure to wind and
weather. The ceiling in many places was leaking. The
Board of Trustees at their meeting on Feb 12, 1974 passed
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a resolution to perform Kumbhabhishekam. The entire
work was technically controlled and executed under the gu
idance of Mr. A. Krishnamoorthy, B.E., superintending
Engineer, H.R & CE (Achnin.) Dept, Madras.
16
The next
Kumbhabhishekam was perfonned in 1995AD.
17
The recent renovation work was started from
24.10.2007 and the Ashtabandana and Swarnabandana
Kumbhabishekam was prformed on 08.04.2009 by the
efforts Of Karumuthu T.Kannan. the Chairman and the
member of Board Of Trustees, K. Rajanayakam, the Joint
Commissioner and the devotees and the donors. The
following were Some of the works completed by the
Renovation Committee:
The Vimana of Meenakshi Shrine was covered by
gold completely from Kalasam to Prastara Kodungai same
like that Of the Lord Sundareswarar Shrine Vimana. 1150
Kg copper and 29 kg of gold were used to cover the
Kalasam, Sikaram, Greevam, Thalam, prastara Kodungai
(previously it was covered from kalasam to Padmam or
Sikaram). Velliambalam or Rajatha Sabha of Lord
Nataraja was covered with silver completely. 1401 kg Of
silver was used for it. Karumuthu T. Kannan, the Chairman
Of the Trust board committee, donated 100kg of silver and
an amount Of Rs .5 lakhs for this work.
18
The KO- ratham
(Cow-car) which was not in use for a long time was
repaired. The large doors in front of the Shrine of
Mukkurini Vinayagar were renovated with same sculptures
of the damaged doors. The Stone pillars Of various
mandapas were cleaned and they were made bright. The
damaged ceilings were renovated. Granite Stones were
paved on the walls of Mutalipillai mandapam. The pole in
the centre of Golden Lotus tank was fixed an electric light
and the word "ShivaShiva" were written at the top Of the
walls.
The 150 years Old flag staff in the Kambathadi
mandapamwas removed as it was damaged. Instead ofthat,
56 feet new flag staff was installed (pradhishtai). It is made
of teak wood and covered by copper plate. On the copper
plate. a golden rack has been fixed using Ikg of gold. After
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finishing this work the kumbabhishekam was performed on
July 2013 for the new golden flag staff.
19
Shivachariyas poured holy water on the top of the
flag staff and performed abishekam and puja for the
bottom of the flag staff. Then it was brought in a
procession around the second prahara of the Lord
Sundareswarar ShrineShrine by the Shivachriyas. It is
believed that if we pray the nag staff it is equal to pray all
the Gods in the temple. The Objective behind that is the
complete surrender to the God by praying the flag staff.”
Reference:-
12. Thiruppanimalai, V. 82, p. 24
13.R. Chokkalingarm Opcit,p. 202
14.S. Kumaresa Moorthy,Opcit, p. 189
15.K. Palaniappan, The Great Temple ofMadurai,
Arulmigu Meenakshi Sundareswarar Thirukkoil,
Madurai, 2012, p. 118
16.V.V. Renovation: Civil work, Kumbhabishakam
Souvenir, Meenakshi Sundareswarar Thiru Kovil
Madurai, 1974 , p.360
17. S. Kumaresamoorthy, Opcit, p. 196
18.K. Rajanayagam, Arulmigu Meenakshi
Sundreswarar Thirukkoil Thirukkuda
Nanneerattu Peruvizha 2009, Kurnbabhishekam
Souvenir, Madurai, 2009,
p. Vi
19.Dinamalar, Madurai, I I. 7.2013. p.3
SOURCES OF ANCIENT HINDU LAW :-
47. Available Hindu literature broadly divides sources of Hindu
Law into two main categories namely Shruthi and Smriti. Shruthi is a
Sanskrit word which translates to “what is heard”. It is considered to be a
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Primary text containing the four vedas namely Rig, Sama, Yajur,
Atharva and other subdivisions like Bhramana (commentaries),
Upanishads (philosophies), Samhita (description of mantras) and
Aranyakas.
48. The second category Smirti translates to “memory” which
means “that which is remembered”. It is considered as a secondary text
consisting of:
(a)Itihasas (Ramayana, Mahabharata and Bhagavad-Gita),
(b)Agamas (Saiva Agama, Vaishanva Agama and Shaktha
Agama),
(c)Dharma Sastras (Manu Smriti, Yajanavalkaya,
Parasara),
(d)Puranas,
(e)Upavedas (Ayurveda, Gandharvaveda, Dhanurveda and
Arthashastra, and
(f)Vedangas.
49. The applicability of these in the modern time presently in the
light of the Constitution of India is a highly contentitous and debatable
discussions on which the courts will have to give its ruling in an
appropriate proceedings.
50. Paper presented by Dr.D.Uma Head and Assistant Professor of
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History, Mannar Thirumalai Naicker College, Pasumalai, Madurai-4, as
far as the famed Arulmigu Meenakshi Sundareswarar Tirukovil, Madurai,
is concerned, prior to its consecration, a Linga of Lord Shiva was being
worshipped, which, over a period of time, developed into the shrine of
Sundareswarar during the reign of the Pandya King Jatavarman
Kulasekara Pandian, between 1190 and 1216 Anno Domini (A.D.). Dr. D.
Uma further states that the said Pandya King built a temple for Lord
Shiva, In the said paper, it has been stated that the said King built temples
dedicated to guardian deities to the north, south, east and west of the city,
namely, Ayyanar Kovil in the east, Vinayagar Kovil in the south,
Kariamal Perumal Kovil in the west and Kali Kovil in the north. It is also
stated that he erected parivara deities such as Lord Surya and shrines for
Natarajar and Sandeswara, besides constructing the Mahamandapam.
51. The paper states that the said Pandya King, Jatavarman
Kulasekara Pandian, was defeated by the Chola King, namely,
Kulothunga Chozhan III, in 1205 A.D. After the defeat of Kulothunga
Chozhan III in 1219 A.D., Maravarman Sundara Pandian I is stated to
have commenced the construction of a gopura in the name of
“Avanivendraman”. The same was completed by Jatavarman Sundara
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Pandian during the period from 1251 to 1268 A.D. and was named the
“Sundara Pandya Thirukkopuram”.
52. Further, in the temple, Maravarman Sundara Pandian II, during
the period from 1238 to 1251 A.D., enlarged the Swami Kovil (God's
shrine) by adding an outer corridor around the walls of the Amman
Temple and constructed the Sannadhi Mandapas, known as the Sundara
Pandyan Mandapas. He also built a seven-tiered gopura (Chitra
Gopuram), a Mandapa for Atiraveesi Aaduvar and completely renovated
the temple. Chitra Gopuram is the only seven-tiered gopura in the temple.
It is also known as Muttalakkum Vayil.
53. The paper also states that a three-tiered gopura in the Amman
Shrine, on the way to the Amman Shrine from the Kilikuttu Mandapam,
was constructed by Vembaturar Ananda Thandava Nambi in 1227 A.D. It
is also called Vembathurar Gopuram. He was a descendant of Perumbatra
Pulliyur Nambi, who wrote the Thiruvalavayudayar Thiruvilayadal
Puranam. The work mentioned above was released in the court of
Varathunga Rama Pandian at Karivalamvanthanallur. The King bestowed
several gifts upon the author, including the area in which he lived, which
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came to be known as Selli Nadu. The family was thus a wealthy one. The
construction of the Vembathurar Gopuram is ascribed by some to Ananda
Thandava Nambi and by others to his wife.
54. The paper also states that the temple dedicated to Goddess
Meenakshi was built by Malayadhwaja Pandian and Kanchanamalai. The
original name of Goddess Meenakshi was Thadadakai. She was a brave
warrior who enjoyed a high status and was renowned for her valour. She
is believed to be an incarnation of Goddess Parvathi. She was married to
Lord Shiva.
55. The paper also states that temple that had been built earlier
appears to have been developed further by Maravarman Sundara Pandian
during the 13
th
century. However, the same appears to have been
demolished in 1311 A.D. during the invasion of Malik Kafur. It appears
that the outer wall with 14 towers was pulled down and that the temple
remained closed for 48 years.
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56. Only the two shrines dedicated to Lord Sundareswarar and
Goddess Meenakshi are stated to have survived, while the structures
surrounding them were destroyed, along with several works of art and
sculptures. Following the fall of the Madurai Sultanate in 1365 A.D.,
Kumara Kampana Udayar, the Vijayanagara King, brought most parts of
Tamil Nadu under his control in 1366 A.D. Thereafter, he is stated to have
marched with a large army to Madurai in 1372 A.D., defeated Ala-ud-din
Sikkandar Shah, captured Madurai and annexed it to the Vijayanagara
Empire. His objective was not merely to annex the southern parts to the
Empire, but also to renovate the temples at Srirangam, Chidambaram,
Kannanur and Madurai, which had been destroyed during the Muslim
invasions. He made arrangements for the conduct of regular poojas in
these temples and enabled the people to resume worship.
57. In view of the fact that the city remained under Muslim rule
until 1373 AD, when Kumara Kampana is stated to have driven away the
invaders, it is difficult to conceive that the structure in question could
have been built on the date assigned to it.
58. The paper also states that it is generally agreed that from an
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architectural perspective, it belongs to this period. It is, therefore, quite
possible that it was built soon after Kampana's victory over the Muslims.
According to the Thirupanimalai, Kampana rebuilt the compound wall,
brought back the idols that had been concealed in Nanjil Nadu during the
Muslim invasion and donated jewels. He also granted certain villages for
the performance of daily poojas in the temple. The “Mathura Vijayam”,
written by his wife Gangadevi, also makes reference to her husband's
invasion of Madurai.
59. The paper also states that the structure, cultural features and
architectural elements of the Arulmigu Meenakshi Sundareswarar
Tirukovil were rebuilt during the 16
th
to 18
th
centuries A.D., during the
reign of the Nayak rulers of the Vijayanagara Empire. It is not clear
whether the temple structure that existed earlier was rebuilt in accordance
with the Agamas or whether the subsequent additions and renovations to
the temple complex were carried out in accordance with the Agamas.
60. It can be inferred from the above stated history, the
architecture of the Meenakshi Sundareshwarar temple that is built in the
dravidian style of architecture. From the Research paper published in
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International Journal for Research & Development in Technology on the
Title “A Review Study on Architecture of Hindu Temple” by Prathamesh
Gurme and Prof. Uday Patil, wherein detail view of the architecture of the
Hindu temple is provided with and a small portion of the article is
extracted below for reference:-
“Ancient Indian temples are classified in three broad
types. This classification is based on different
architectural styles, employed in the construction of the
temples. Three main style of temple architecture are the
Nagara or the Northern style, the Dravida or the
Southern style and the Vesara or Mixed style.”
61. However, as far as Meenakshi Sundareshwarar Temple is
concerned, no said texts have been cited to state that only Sivachariyars
alone are the person who are to officiate the process in
Kudamuzhakku /Kumbaabhisheka.
62. It appears that the rituals presently being followed by the temple
have been in practice since the Nayak period. Whether the recitation of
hymns in Sanskrit during the consecration and Kudamuzhuku
(Kumbabishekam) is in accordance with the Agamas and if so, which of
the 28 Agamas applicable to Shiva temples is to be followed, can be
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determined only on the basis of archaeological and architectural findings,
adopting appropriate new and scientific methods. Likewise, whether the
present practice of reciting hymns in Sanskrit within the Sanctum
Sanctorum is supported by any specific text prescribed under the Agamas
or otherwise can be determined only upon a proper examination and after
obtaining appropriate findings in this regard.
NOTES ON FEW PAST LITIGATIONS: A GLIMSE ON MARCH
OF LAW
63. In the year 1998, one V.S. Srikumar and one M. Pitchai filed
W.P.Nos.15791 and 16932 of 1998, seeking to forbear the respondent
H.R. & C.E. Department from implementing the use of the Tamil
language in the performance of poojas in temples, contrary to the Agamic
principles, and from interfering with the customary and traditional mode
of worship.
64. This Court, by its order dated 19.03.2008, dismissed both the
Writ Petitions with the following observations:-
“50.In the light of the above and in the light
of the earlier decisions, there is nothing either in the
Agamas or in any other religious script to prohibit
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the chanting of Tamil manthras in the temples run
under the administration of the HR&CE
Department. In fact, the present attempt by the
respondent State is not to replace either the existing
practice with a new practice nor there is any
encroachment into the time tested practice of the
rituals and customary usages and practices in the
temples in Tamil Nadu.
51.On the contrary, the choice is vested with
the devotees to seek for their archanas to be
performed at their wishes by chanting the manthras
either in Tamil or in Sanskrit. This is not a method
of replacing the traditional poojas offered 6 times or
4 times, as the case may be, but only in addition to
the regular poojas performed in the temple.
Ultimately, it is the devotees or bhakthas who wish
that their prayers or wishes to be answered by the
God and the petitioners cannot interdict their
personal egos in the matter of a facility being
provided to the devotees in the State. Their attempt
to portray as if the God can understand only
Devanagari language and Tamil cannot stand on
par with that language is only stated to be rejected
and it does not have any foundation based upon any
scripture or religious texts.
52.If the petitions are allowed to have their
own way then the fear expressed by Dr.
Radhakrishnan in his book "The Hindu View of Life"
will come true. At page 11 of the said book, Dr.
Radhakrishnan wrote as follows:
"To many, Hinduism seems to be a name
without any content. Is it a museum of beliefs, a
medley of rites, or a mere map, a geographical
expression?''
If the petitioners' request for a restrained order is
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accepted, it will only result in the Hinduism becoming
mere museum of beliefs.
53.In view of the above, both the writ
petitions fail and accordingly, stand dismissed.
However, there will be no order as to costs.
Connected Miscellaneous Petitions are closed.”
65. In the year 2020, W.P.(MD) Nos.1102 and 1126 of 2020 and
W.P.No.1644 of 2020 were filed by Thirumurugan,
Dr.D.Senthilnathan and Maniarasan, respectively, with regard to the
conduct of the consecration of Thanjai Peruvudaiyar Temple, also
known as Brihadheeshwarar Temple, in the Tamil language, by
chanting Tamil Saiva Agamams (Thevaram and Thiruvasagam).
66. The Hon'ble Division Bench of this Court vide its order dated
30.01.2020 dismissed the same with the following observations:-
“21. Considering the abovesaid factual matrix,
we are of the considered view and opinion that the
Court should be hesitant and reluctant to interfere
with the religious functions and ceremonies of the
Temples, unless a strong case has been made out and
established that the religious practices and functions
of the Temples are violative of the provisions of the
Constitution of India and in such view of the matter,
in the light of the abovesaid arrangements made at
the Thanjai Peruvudaiyar Temple / Brihadeeswarar
Temple in the proposed consecration ceremony by
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giving the Tamil language due prominence as per the
agama principles and as done earlier and when it is
further noted that the Sanskrit language has not been
given any special status, particularly, by ignoring the
Tamil language, in all, we do not find sufficient cause
to accede to the case projected by the petitioners and
in such view of the matter, we do not deem it fit and
appropriate to interfere with the religious functions
and ceremonies of the Temple in question by giving
any directions qua the performance of the
consecration ceremony to be held on 05.02.2020 as
putforth by the petitioners.
22. On the abovesaid determination, the writ
petitions are dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
23. Lastly, we direct the official respondents
and the Temple Authority, to file a compliance report
of the conduct of the consecration ceremony and
other allied functions, within a period of four weeks
from the conclusion of the event in the Registry and
the same shall form part of the record.”
67. Thereafter, one D.Ponnusamy filed W.P.(MD) No.19115 of
2020 before the Division Bench of this Court, seeking a direction to the
H.R. & C.E. Department, the Thakkar and the Executive Commissioner of
Arulmigu Kalyana Pasupatheeswarar Swamy Tirukovil, Karur, to
conduct the consecration, Kudamuzhuku/Nanneerattu function of the said
temple in Tamil, by chanting the Thirumuraikal and Tamil Saiva
Manthirams and by rendering the songs of Saint Amaravathi Aatrangarai
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Karurar.
68. The Hon'ble Division Bench of this Court disposed of the said
Writ Petition by its order dated 19.08.2021, with the following
observations:-
“12. It is impossible to believe that Gods do
not understand local languages. If God does not
understand the wealthy literature which is devoted
to it, the Bakthi Literatures generated by
“Nayanmars” “Azhwars” and devoted saints could
not have been developed. Appar, Sundarar,
Sambandar and Thiruvavukarasar are responsible
for Bakthi Movement in Tamil Nadu, who sang in
praise of Lord Shiva using Tamil hymns/verses. The
12 nayanmars who are ardent devotees of Lord Shiva
are responsible for construction of many Temples
with the patronage of the Kings. Similarly, Tamil
language has been developed by Alwars and
Vaishnavites. It is the 12 Azhwars who consecrated
almost 108 holy abodes of Lord Thirumal. They used
Tamil language to praise and please God Thirumal.
The procedures developed by Saint Ramanujar is
being followed in all Vaishnavite Temples throughout
South India. During the lord's procession, Tamil
hymns like “Thirupavai” and
“Nalaairadivyaprabandham” used to be recited by
the devotees preceding Lord “Thirumal” followed by
Sanskrit vedas recited by priests. For the past 1000
years, it is the custom and tradition being followed.
From the above, it is clear that Tamil has been given
prominence in vaishnavism.
13.There is a saying that Tamil has been
developed by Alwars. Even as on today, in
“Tirumalai Tirupathi Temple”, during the month of
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Margazhi, it is only Thirupavai which is recited
before Lord Thiruvenkatathan. Even according to
Bhagavat Geetha, Lord Krishna stated that he
manifests himself in the month of Margazhi. Thus,
God Thirumal would like to hear “Tamil Thirupavai”
during the month of Margazhi which he is fond of.
When Vaishnavism gave importance and prominence
to Tamil hymns, Saivism equally gave importance to
Tamil, due to availability of many literatures,
especially Bakthi literature. If God could not
understand Tamil, how was it possible for die hard
devotees who were committed to worshiping of Lord
Shiva, Lord Thirumal, Lord Muruga etc., to have
composed so many hymns in praise of them.
Therefore, the theory that God understands only one
language cannot be believed.
14.The petitioner seeks for performing
Kudamuzhuku in a particular temple by reciting
Tamil verses. However, it is not only for that Temple
but throughout the country, all the Temples should
be consecrated by reciting Tamil Thirumurai and
other hymns composed by Saints like Alwargal and
Nayanmargal, apart from Pattinathar,
Arunagirinathar etc.,
15.If Tamil hymns cannot be used in the
Temples located in Tamil Nadu, nowhere else it can
be used. It is stated that King Raja Raja Chozhan
retrieved Thirumurais and brought it to Periya
Temple in procession by placing them on Elephant.
Such was the importance given to Tamil language by
“King Raja Raja Chozhan”. It is said Raja Raja
Chozhan – 1 ventured to recover the hymns after
hearing short excerpts of Thevaram in his Court. By
divine intervention Nambiandar Nambi, from whom
help was sought by Raja Raja Chozhan found the
presence of scripts in the form of Cadijam leaves half
eaten by white ants in a chamber inside the second
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precincts in Thillai Natarajar Temple, Chidambaram.
Since Raja Raja Chozhan was instrumental in
retrieving Thirumurais, he is popularly known as
“Thirumurai Kanda Chozan”. When that is the
position, it is not understandable, how the practice
of reciting Tamil slowly vanished in Tamil Nadu.
Therefore, a direction is necessary to recite Tamil
hymns/verses and Thirumurais during Kudamuzhuku
primarily, alongwith Sanskrit hymns/vedas during
Kudamuzhuku.
16.A Committee should be constituted by the
State Government comprising of Tamil scholars,
devotees and those who are believers of God to
identify and consolidate the important and ancient
Tamil hymns composed by Saints like Nayanmars
and Alwars, Arunagirinathar, Pattinathar and other
Siddhars. The Committee formed should make
consultation with experts and all other stake holders
connected with the Temples and file a report to the
Government.
17.The State Government shall take a decision
regarding the date from which Kudamuzhuku would
be conducted in Tamil or equal importance is given
along with Sanskrit. The Committee should be
reconstituted periodically so that if any other worthy
hymns are found, they could also be recited along
with other verses which are recited at the time of
performing Kudamuzhuku.
18.With the above direction, the Writ Petition
is disposed of. No costs.”
69. Pursuant to the aforesaid direction of the Division Bench of this
Court, a Committee was also constituted by the Commissioner of
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HR&CE, in consultation with the Government, comprising the following
six members, and the report thereof is awaited:-
(1)Thavathiru Kundrakudi Ponnambala Adikalar,
Thiruvannamalai Aadheenam, Kundrakudi.
(2)Thavathiru Santhalinga Maruthachala Adikalar,
Perur Aadheenam, Coimbatore.
(3)Thiru.M.P.Sathiyavel Muruganar.
(4)Thiru.Su.Ki.Sivam
(5)Thiru.Pa.Kumaralingam
(6)Additional Commissioner (Education)
70. Subsequently, by an order dated 26.09.2025 in I.A.No.230404
of 2025 in C.A.No.7692 of 2023, the Hon'ble Supreme Court has directed
the replacement of the names nominated by the Government of Tamil
Nadu and has appointed Shri Sivagnana Balaya Swamigal, Adheena
Karthar, Arulmigu Boomapuram Adheenam, Mailam, as a member of
the Committee constituted pursuant to the Order in W.P.No.19115 of
2020 dated 19.08.2021.
71. In Chellappa Iyer Vs State of Tamil Nadu & Ors, 2022 (4)
CTC 289 W.P.(MD) No. 15739 of 2021 and 16827 of 2021, the First
Bench of this Court vide its dated 27.06.2022, directed the respondents
therein to appoint Archakas to the temples with respect to the
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qualification and eligibility by following the decision of the Hon’ble
Supreme Court in Seshmmal and Ors Vs State of Tamil Nadu, (1972) 2
SCC and Adi Saiva Sivachariyargal Nala Sangam & Ors Vs The
Government of Tamil Nadu & Ors. MANU/SC/1454/2015.
72. Also, in W.P.(MD) No. 21738 of 2022 dated 24.02.2023 of
K.Karthik Vs State of Tamil Nadu and Ors., 2023 (2) CTC 198, the court
has reiterated what has been said by the Division Bench of this court.
73. In Muthu Subramania Gurukkal Vs The Commissioner,
HR&CE and Ors., in W.P.No.3997 of 2018, this Court, vide order dated
26.06.2023, held that the appointment of Archakas shall be governed by
the Agamas in Temples built as per agama. The case was filed was against
the impugned advertisement dated 18.01.2018 inviting application for the
appointment to fill up the position of the Archakas at Sri Suganeswarar
Temple, Salem.
74. There it was held by the court that the advertisement for the
appointment of Archakas shall contain the requirements under the Agama
and no reference shall be made to Rule 7 and Rule 9 of the Tamil Nadu
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Hindu Religious Institution Employees (Conditions of Service) Rules,
2020.
75. Appeal was filed against the Order dated 26.06.2023 in W.P.
No. 3997 of 2018 in W.A. No. 1962 of 2023 wherein notice was ordered
on the respondent.
76. The order of the Division Bench in W.A. No. 1962 of 2023
which ordered notice has been appealed before the Hon'ble Supreme
Court in C.A.No. 7692 of 2023, Srirangam Koil Miras
Kainkaryapargal Matrum Athanai Sarntha Koilgalin
Miraskainkaryaparargalin Nalasangam where The State of Tamil
Nadu is the respondent. The case was last heard on 05.08.2026 and the
Hon'ble Supreme Court extended the time period for the committee to
submit its report by five months. The case is therefore pending before the
Hon'ble Supreme Court.
77. W.A. No. 1962 of 2023 is also pending as on date. The last
order in W.A. No. 1962 of 2023 was passed on 26.03.2026 wherein it
was ordered as under:-
“1. In view of the order passed by the Hon’ble Supreme
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Court dated 19.03.2026 in Civil Appeal No.7692 of
2023, the matter is adjourned sine die.
2. The parties are at liberty to circulate a letter to the
Registry for listing of the matter once the said Civil
Appeal has been disposed of.”
78. This was captured in the Interim Report filed by the Committee
in the case of Srirangam Koil Miras Kainkaryaparargal Matrum
Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam vs.
The State of Tamil Nadu and others, in Civil Appeal No. 7692 of 2023.
79. Meanwhile, by an order dated 22.08.2022 came to be passed by
the First Bench of the Madras High Court (Principal Bench of this Court)
in W.P. No. 17802 of 2021. It is reported in 2022 (5) CTC; 2022 SCC
OnLine Mad 4154. It was filed by the 5
th
respondent herein namely, All
India Adi Saiva Sivacharyargal Seva Sangam, represented by its
General Secretary, B.S.R. Mutukumar against State of Tamil Nadu,
represented by its Secretary to Government, Namakkal Kavignar
Maligai and another, challenging Tamil Nadu Hindu Religious
Institution Employees (Conditions of Service) Rules, 2020.
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80. Paragraph No. 49 and Paragraph No. 50 of the order are
reproduced below:-
“49. The only grey area is about the identification
of the temples constructed as per the Agamas. It is for the
reason that while the Apex Court recognized the right of a
doctrine or belief guaranteed under Article 26 of the
Constitution of India, it left it open for the individual to
challenge the appointment of Archakas in the temples
which were constructed as per Agamas. It has been held
that the Archakas have to be appointed keeping in mind
temple constructed as per the Agamas and therefore, there
is a need for a direction to identify the temples
constructed as per the Agamas and, that too, with further
bifurcation as to under which Agama it was constructed.
It is informed that there are as many as 28 Shaiva Agamas
under which temples were constructed, apart from
Vaishnava Agamas, etc. Thus, we are in agreement with
the parties to the litigation to issue a direction on the
State Government to constitute a Committee presided over
by a Retired High Court Judge, apart from eminent
persons having deep knowledge of the subject, so that
with the constitution and submission of the report by
identifying all the temples constructed under Agamas, the
appointment of Archakas may be governed by the usage
and practice, thereby it may not offend the Agamas.
50. Accordingly, we direct the State Government to
constitute a Five-Member Committee, out of which the
Chairperson would be Hon'ble Mr.Justice
M.Chockalingam, Retired Judge of the Madras High
Court, with Mr.N.Gopalaswami, Head of the Madras
Sanskrit College's Executive Committee, as one of the
Member, being an eminent person possessing knowledge
of the subject. Two members would be nominated by the
Government in consultation with the Chairperson of the
Committee within a period of one month from the date of
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receipt of a copy of this order. The Commissioner of the
HR & CE Department would be the Ex-officio Member of
the Committee. The Committee would then identify the
temples which were constructed as per Agamas. On
identification of the temple constructed as per particular
Agama, the appointment of Archaka would be governed
accordingly and as per the judgment of the Apex Court,
supra, leaving those temples which have not been
constructed as per the Agamas.”
81. Thus, the First Bench in its order dated 22.08.2022 constituted a
Committee under the Chairmanship of the Hon'ble Mr. Justice
Chokkalingam (Retd. Judge of this Court), with Mr.N.Gopalaswami,
the President of the Madras Sanskrit College as one of its members and
the Commissioner of the H.R. & C.E. Department as an ex officio
member. Subsequently, Thavathiru Kundrakudi Adigalar was
appointed as another member for identification which of the Temples
were constructed as per Agamas.
82. Therefore, the First Bench of this Court also applied the
Doctrine of Reading Down to protect the rights guaranteed under Articles
16(5), 25 & 26 of the Constitution of India and held that the appointment
of Archakas in the temple constructed as per Agama is to be governed by
Agamas and therefore the impugned Rules viz Tamil Nadu Hindu
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Religious Institution Employees (Conditions of Service) Rules, 2020
would not apply to these Temples.
83. Thus, two committees have been constituted: one Committee by
the State Government as directed by this court in its order dated
19.08.2021 in W.P.(MD) No.19115 of 2020 and another Committee
pursuant to the order dated 22.08.2022 in W.P.No.17802 of 2021 for a
different purpose. Table below provides a clear view of both the
Committees.
W.P.(MD)No: 19115 of 2020W.P. No: 17802 of 2021
[2022 (5) CTC; 2022 SCC
OnLine Mad 4154]
Order Dated19.08.2021 22.08.2022
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Members 1.Thavathiru Kundrakudi
Ponnambala Adikalar,
Thiruvannamalai
Aadheenam, Kundrakudi.
2.Thavathiru Santhalinga
Maruthachala Adikalar,
Perur Aadheenam,
Coimbatore.
3.Thiru.M.P.Sathiyavel
Muruganar.
4.Thiru.Su.Ki.Sivam
5.Thiru.Pa.Kumaralingam
6.Additional Commissioner
(Education)
1.Mr. Justice
Chokkalingam –
Chairmanship
2.Mr. N. Gopalaswami –
Member
3.Commissioner of
HR&CE – Ex Offico
Member
4.Thavathiru Kundrakudi
Adigalar – Member
(Member names were
replaced by the order of the
Hon'ble Supreme Court, those
names reads as under:-)
1.Shri Sivagnana Balaya
Swamiga l– Member
2.Adheena Karthar–
Member
3.Arulmigu Boomapuram
Adheenam, Mailam –
Member
Purpose Whether hymns in Tamil or any
other language can be recieted
during
Kumabishekam/Kudamuzzhaku.
To identify which of the
Temple are constructed as per
Agama.
84. Further, the petitioner in W.P.(MD) No. 12387 of 2026
[D.Sureshbabu] had aslo filed the following Writ Petitions to allow him
to perform Yasgasalai Velvi Kundam Nigalvukal as Velvi Asiriyar i.e, to
chant Tamil mantras/hymns during the Kumbabisekham in the below
mentioned Temples:-
Sl.
No.
W.P.No. Name of the Temple Date of the
order
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1W.P.No.2269 of 2025 Arulmigu Patteswarar
Thirukovil, Perur, Coimbatore
24.01.2025
2W.P.No.4667 of 2025 Arulmigu Patteswarar
Thirukovil, Perur, Coimbatore
07.02.2025
3W.P.(MD)No.17252 of 2025Tiruchendur Murugan
Temple / Arulmigu
Subramaniya Swami Tirukovil,
Tiruchendur
26.06.2025
4W.P.(MD)No.35686 of 2025Arulmigu Meenakshi
Sundareswarar Temple,
Madurai *
16.12.2025
* Mandala Poojai
85. Similarly, the petitioner in W.P.(MD) No. 11386 of 2026
[Tamil Rajendiran @ R. Rajendiran] filed W.P.(MD) No.970 of 2023
before the Division Bench of this Court in connection with the
Kudamuzhuku (Kumbabishekam) of Arulmigu Dhandayuthapani
Swamy Tirukovil, Palani, which was scheduled to be held on
27.01.2023.
86. An interim order came to be passed by the Hon'ble Division
Bench of this Court on 19.01.2023. The Court thereafter referred to the
orders passed in W.P.(MD) Nos.1102, 1126 and 1644 of 2020, dated
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31.01.2020 filed by Thirumurugan, Dr.D.Senthilnathan and
Maniarasan, referred to supra, and an order dated 19.08.2021 in W.P.
(MD) No.19115 of 2020 filed by D. Ponnusamy.
87. The Court also recorded the statement of the then learned
Additional Advocate General, who produced a copy of the communication
of the Joint Commissioner/Executive Officer of the said Palani Temple in
Na.Ka.No.150/2023/C6, dated 18.01.2023, and submitted that steps had
been taken to sing the “Thirumuraikal” by two Othuvar Moorthis at
the Rajagopuram during the Kudamuzhuku and that the authorities
would perform the Kudamuzhuku of Palani Murugan Temple also by
reciting Tamil spiritual Mantras in accordance with the Agamic Rules.
88. Thereafter, the said Writ Petition was adjourned and was finally
dismissed on 02.07.2025 on the ground that the consecration ceremony of
the temple had already been concluded and, therefore, no further
adjudication on the merits was required.
89. A similar Writ Petition was filed by one S.Sathiyabama before
the Principal Bench of this Court in W.P.No.8186 of 2026, wherein the
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fifth respondent herein, namely, All India Adi Saiva Sivacharyargal
Seva Sangam, represented by its General Secretary, for whom,
Mr.P.Valliappan, learned Senior Counsel, duly instructed by
Mr.P.Thiyagarajan, learned counsel, had also appeared in the present Writ
Petitions, also filed W.M.P.No.28564 of 2026 seeking to implead itself as
a party to the proceedings and to place a detailed counter-affidavit.
90. However, after the said Sangam filed its counter-affidavit, the
petitioner therein namely, the said S.Sathiyabama withdrew the said Writ
Petition in W.P.No.8186 of 2026. Thus, the said W.P.No.8186 of 2026
was dismissed as withdrawn on 10.07.2026.
91. A similar writ petition was also filed before the Principal Seat
of this court in W.P.No.33101 of 2026. The court by its order dated
24.08.2026 held as under:-
“This Writ Petition has been filed seeking a direction to the
respondents to conduct the consecration (Kudamuzhukku /
Nanneerattu / Maha Kumbhabishekam) ceremony of
Arulmigu Meenakshi Amman Temple, Madurai, by
permitting the petitioner to chant the Thirumuraigal in
Tamil and recite Tamil Vedic mantras during the Gopura
Kalasa Nanneerattu Peruvizha, Karuvarai Poojai, and
Velvi.
2. The learned counsel appearing for the petitioner
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submitted that the petitioner is the founder-President of the
Sathiyabama Trust. The primary objects of the Trust are to
impart education to underprivileged children, teach Tamil
Vedic Agamas to students, and train temple priests in Saiva
Agamas and mantras relating to Balalayam and
Kumbhabishekam in the Tamil language. The counsel
contended that although numerous Kumbhabishekams are
conducted across Tamil Nadu, it has become the standard
practice of the Hindu Religious and Charitable
Endowments (HR & CE) Department to perform these
ceremonies exclusively by chanting Sanskrit mantras. The
Tamil Thirumurai Odhuvar Moorthigal are routinely made
to sit outside the Karuvarai (sanctum sanctorum) and are
only permitted to chant Tamil hymns there. Consequently,
Tamil mantras are effectively excluded from the three main
events of the Kumbhabishekam. The petitioner specifically
contended that since the HR & CE Department has decided
to perform the Maha Kumbhabishekam of Arulmigu
Meenakshi Amman Temple in Madurai after a long lapse of
14 years, the petitioner submitted representations seeking
permission to chant the Thirumuraigal and Tamil Saiva
mantras inside the Karuvarai, Velvichalai, and at the
Gopurakalasam. Multiple representations were also sent to
the respondents requesting a formal policy order that
allows devotees to approach temple authorities and chant
Tamil hymns during Kudamuzhuku ceremonies.
Unfortunately, no such orders have been issued, without
any valid justification. Hence, the petitioner has
approached this Court for the reliefs stated above.
3. The learned Special Government Pleader appearing
for the HR & CE Department submitted that the present
Writ Petition is based on a mere apprehension that Tamil
mantras will not be permitted during the Kumbhabishekam.
He clarified that Odhuvar Moorthigal are specifically
appointed to recite Tamil hymns such as the Thevaram,
Thiruvasagam, and Thirumandiram, and they will be duly
permitted to recite these alongside the Sanskrit Vedas.
4. Heard both sides and perused the materials available
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on record.
5. Recording the submission of the learned Special
Government Pleader, this Court directs the respondents to
permit the Tamil Thirumurai Odhuvar Moorthigal inside
the temple to chant mantras where the Sanskrit Vedas are
recited. They shall be allowed to do so during all main
events of the Kumbhabishekam, in the same location and
immediately following the chanting of the Sanskrit Vedas.
The Commissioner of the HR & CE Department (the second
respondent) is further directed to ensure strict compliance
with this directive, not only in the subject temple but across
all temples falling under the purview of the Department.
6. Accordingly, this Writ Petition stands disposed of with
the above observations. No costs."
92. Article 16(5), Article 25 and Article 26 of the Constitution of
India are relevant in the context. Thus, a Table is reproduced below for
the sake of clarity:-
Article 16 Article 25 Article 26
Equality of
Opportunity in the
matters of Public
Employment
Freedom of Conscience and
free Profession, Practice and
Propagation of Religion
Freedom to Manage
Religious Affairs
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Clause (1) to (4B) is
not relevant
(1) Subject to public order,
morality and health and to the
other provisions of this Part, all
persons are equally entitled to
freedom of conscience and the
right freely to profess, practise
and propagate religion.
(5) Nothing in this
article shall affect the
operation of any law
which provides that the
incumbent of an office
in connection with the
affairs of any religious
or denominational
institution or any
member of the
governing body thereof
shall be a person
professing a particular
religion or belonging
to a particular
denomination
(2) Nothing in this article shall
affect the operation of any
existing law or prevent the State
from making any law—
(a) regulating or restricting any
economic, financial, political or
other secular activity which
may be associated with
religious practice;
(b) providing for social welfare
and reform or the throwing
open of Hindu religious
institutions of a public character
to all classes and sections of
Hindus.
Explanation I.—The wearing
and carrying of kirpans shall be
deemed to be included in the
profession of the Sikh religion.
Explanation II.—In sub-clause
(b) of clause (2), the reference
to Hindus shall be construed as
including a reference to persons
professing the Sikh, Jaina or
Buddhist religion, and the
reference to Hindu religious
institutions shall be construed
accordingly.
Subject to public
order, morality and
health, every
religious
denomination or any
section thereof shall
have the right—
(a) to establish and
maintain institutions
for religious and
charitable purposes;
(b) to manage its own
affairs in matters of
religion;
(c) to own and
acquire movable and
immovable property;
and
(d) to administer such
property in
accordance with law
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93. Article 16 of the Constitution of India deals with equality of
opportunity in matters of public employment. As per Article 16(2) of the
Constitution of India, no citizen shall be ineligible for, or discriminated
against in respect of, any employment or office under the State on grounds
only of religion, race, caste, sex, descent, place of birth, residence, or any
of them.
94. However, under Article 16(3), Parliament is empowered to
make a law prescribing, in regard to a class or classes of employment or
appointment to an office under the Government of, or any local or other
authority within, a State or Union Territory, any requirement as to
residence within that State or Union Territory prior to such employment
or appointment.
95. Under Article 16(4), the State is empowered to make provisions
for the reservation of appointments or posts in favour of any backward
class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
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96. Article 16(4A) states that the State is also empowered to make
any provision for reservation in matters of promotion, with consequential
seniority, to any class or classes of posts in the services under the State in
favour of the Scheduled Castes and the Scheduled Tribes, which, in the
opinion of the State, are not adequately represented in the services under
the State.
97. Article 16(4B) states that the State can consider any unfilled
vacancies of a year, which were reserved for being filled up in that year in
accordance with any provision for reservation made under clause (4) or
clause (4A), as a separate class of vacancies to be filled up in any
succeeding year or years. Such a class of vacancies shall not be
considered together with the vacancies of the year in which they are being
filled up for determining the ceiling of fifty per cent reservation on the
total number of vacancies of that year.
98. As far as the present case is concerned Article 16(5) of the
Constitution of India is relevant. It is an exception to what has been
stipulated in Article 16(1) to Article 16(4B) of the Constitution of India.
As per the said exception, nothing shall affect the operation of any law
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which provides that the incumbent of an office, shall be a person
professing a particular religion or belonging to a particular denomination
in connection with _
(a) the affairs of any religious institution; or
(b) denominational institution; or
(b) any member of the governing body thereof,
99. The expression law is defined in Article 13 of the Constitution
of India.
100. The Hon’ble Supreme Court in Sardar Syedna Taher
Saifuddin Saheb v. The State of Bombay, 1962 Supp 2 SCR 496 has
summarised the position insofar as the Articles 25 and 26 of the
Constitution as follows:-
i.The first is that the protection of these articles is not
limited to matters of doctrine or belief they extend
also to acts done in pursuance of religion and
therefore contain a guarantee for rituals and
observances, ceremonies and modes of worship which
are integral parts of religion.
ii.The second is that what constitutes an essential part
of a religious or religious practice has to be decided
by the courts with reference to the doctrine of a
particular religion and include practices which are
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regarded by the community as a part of its religion.
101. The above observations was made taking note of the decisions
in (1) Commissioner, Hindu Religious Endowments, Madras v. Sri
Lakshmindra Thirtha Swamiar of Sri Shirur Math [1954 SCR 1005];
(2) Mahant Jagannath Ramanuj Das v. State of Orissa [1954 SCR
1046]; (3) Sri Venkataramana Devaru v. State of Mysore [1958 SCR
895]; and (4) Durgah Committee, Ajmer v. Syed Hussain Ali [(1962) 1
SCR 383], holding the above principles underlying these provisions have
by these decisions been placed beyond controversy.
102. Scope of Article 16(5) of the Constitution of India was also
considered by the Hon’ble Supreme Court in the decision in the
Seshammal case referred to supra. There the Hon'ble Supreme Court also
referred to the above decision in Sardar Sayendra Taher Saifuddin
Saheb case referred to supra relating to Article 25 and Article 26 of the
Constitution of India.
103. There, the validity of the Tamil Nadu Hindu Religious and
Charitable Endowments (Amendment) Act, 1970, was questioned by the
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Hereditary Archakas and Mathadhipatis of some of the ancient Hindu
Public Temples in Tamil Nadu on the ground that it violated their freedom
guaranteed under Articles 25 and 26 of the Constitution of India.
104. By virtue of the aforesaid amendment, Sections 55, 56 and 116
of the Tamil Nadu Hindu Religious and Charitable Endowments Act,
1959, as they stood till then, were amended. Paragraph 9 of the said
decision sets out the amendments, by which certain clauses were omitted,
added and substituted. Paragraph 9 of the said decision catures the
amendments, which omitted, added and substituted these provisions of the
Act is extracted below:-
9. To appreciate the effect of the Amendment Act, it
would be more convenient to set out the original Sections 55,
56 and 116 of the Principal Act and the same sections as they
stand after the amendment.
Unamended Section Amended Section
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Section 55. Appointment of
office-holders and servants in
religious institutions.-
(1) Vacancies, whether
permanent or temporary,
among the office- holders or
servants of a religious
institution shall be filled up
by the trustee in cases where
the office or service is not
hereditary. *
Section 56. Appointment of
office-holders and servants in
religious institutions.-
(1) Vacancies, whether
permanent or temporary
among the office holders or
servants of a religious
institution shall be filled up by
the trustee in all cases. *
Explanation :- The
expression 'office-holders or
servants shall include
archakas and poojaris.' #
(2) In cases where the
office or service is hereditary,
the person next in the line of
succession shall be entitled to
succeed. *
(2) No person shall be entitled
to appointment to any vacancy
referred to in sub-section (1)
merely on the ground that he is
next in the line of succession
to the last holder of office.*
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(3) Where, however, there is
a dispute respecting the right
of succession, or where such
vacancy cannot be filled up
immediately or where the
person entitled to succeed is a
minor without a guardian fit
and willing to act as such or
there is a dispute respecting
the person who is entitled to
act as guardian, or-
Where the hereditary
officeholder or servant is on
account of incapacity illness
or otherwise unable to
perform the functions of the
office or perform the service,
or is suspended from his
office under sub-section (1)
of section 56, the trustee may
appoint a fit person to
perform the functions of the
office or perform the service,
until the disability of the
office-holder or servant
ceases or another person
succeeds to the office or
service, as the case may be.
Explanation : In making
any appointment under this
subsection, the trustee shall
have due regard to the claims
of members of the family, if
any, entitled to the
succession. **
(3) Omitted.
(4) Any person aggrieved
by an order of the trustee
under sub- section (3) may,
within one month from the
date of the receipt of the
order by him, appeal against
the order to the Deputy Com-
missioner. *
(4) Any person aggrieved
by an order of trustee under
section (1) may within one
month from the date of
receipt of the order by him
appeal against the order of
the, Deputy Commissioner. *
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Section 56. Punishment
of office-holders and
servants in religious
institutions. - (1) All Office-
holders and servants
attached to a religious
institution or in receipt of
any emolument or prequisite
therefrom shall,
whether the office or service
is hereditary or not, be
controlled by the trustee;
and the trustee may, after
following the prescribed
procedure, if any, fine,
suspend, remove or dismiss
any of them for the breach of
trust incapacity,
disobedience of orders:
neglect of duty, misconduct
or other sufficient cause. *
Section 56. Punishment of
office-holders and servants
in religious institutions- (1)
All office holders and
servants attached to a
religious institution or in
receipt of any emolument or
perquisite therefrom shall be
controlled by the Trustee
and the trustee may after
following the prescribed
procedure, if any, fine,
suspend, remove or dismiss
any of them for breach of
trust, incapacity,
disobedience of orders,
neglect of duty, misconduct
or other sufficient cause. *
(2) Any office-holder or
servant punished by a trustee
under sub-section(1) may,
within one month from the
date of the receipt of the
order by him, appeal against
the order to the Deputy
Commissioner.
(2) Any office holder or
servant Punished by a trustee
under sub-section (1) may
within one month from the
date of receipt of order by
him appeal against the order
to the Deputy
Commissioner.
(3) A hereditary
officeholder or servant may,
within one month from the
date of the receipt by him of
the order of the Deputy
Commissioner under sub-
section (2), prefer an appeal
to the Commissioner against
such order. **
(3) Omitted.
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Section 116 (xxiii) – (1)
The Government may, by
notification, make rules to
carry out the purposes of this
act. **
Section 116 (xxiii) –
(2) Without prejudice to
the generality of the
foregoing power, such rules
may provide for- **
Section 116(xxiii) - The
qualifications to be possessed
by the officers and servants'
for appointment to
nonhereditary offices in
religious in- stitutions, the
qualifications to be possessed
by hereditary servants for
succession to office and the
conditions of service of all
such officers and servants. *
Section 116(xxiii) - The
qualifications to be possessed
by the officers and servants
for appointment to offices in
religious institution and the
conditions of service of all
such officers and servants. *
* Substituted
# Added
** Omitted
105. Thus, the above amendments took away the hereditary right of
succession to the office of the priest vis, poosaris and Archaka. Even if a
priest was otherwise qualified under Rule 12 of the Madras Hindu
Religious Institutions (Officers and Servants) Service Rules, 1964, there
was no scope for appointment to such post by virtue of hereditary rights.
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106. The Hon'ble Supreme Court has ultimately observed as under:-
“22. In view of sub-section (2) of Section 55, as
it now stands amended, the choice of the trustee in
the matter of appointment of an Archaka is no longer
limited by the operation of the rule of next-in-line of
succession in temples where the usage was to appoint
the Archaka on the hereditary principle. The trustee
is not bound to make the appointment on the sole
ground that the candidate, is the next-in-line of
succession to the last holder of office. To that extent,
and to that extent alone, the trustee is released from
the obligation imposed on him by Section 28 of the
principal Act to administer the affairs in accordance
with that part of the usage of a temple which enjoined
hereditary appointments. The legislation in this
respect, as we have shown, does not interfere with
any religious practice or matter of religion and,
therefore, is not invalid.”
107. In Paragraph 15 the Hon'ble Supreme Court in Seshammal
case observed as under:-
“15. Section 55 of the principal Act as it originally
stood and Rule 12 of the Madras Hindu Religious
Institutions (Officers and Servants) Service Rules,
1964, ensured, so far as temples with hereditary
Archakas were concerned, that there would be no
defilement of the image. By providing in sub-section
(2) of Section 55 that “in cases, where the office or
service is hereditary, the person next in the line of
succession shall be entitled to succeed”, it ensured
the personal qualification of the Archaka that he
should belong to a particular sect or denomination
as laid down in the Agamas. By Rule 12 it also
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ensured that the Archaka would be proficient in the
mantras, vedas, prabandams, thevaramas, etc., and
thus be fit for the performance of the puja, in other
words, that he would be a person sufficiently
qualified for performing the rituals and ceremonies.
As already shown an image becomes defiled if there
is any departure or violation of any of the rules
relating to worship, and this risk is avoided by
insisting that the Archaka should be an expert in the
rituals and the ceremonies. By the Amendment Act
the principle of next-in-the-line of succession is
abolished. Indeed it was the claim made in the
statement of objects and reasons that the hereditary
principle of appointment of office-holders in the
temples should be abolished and that the office of an
Archaka should be thrown open to all candidates
trained in recognised institutions in priesthood
irrespective of caste, creed or race. The trustee, so
far as the amended Section 55 went, was authorised
to appoint anybody as an Archaka in any temple
whether Saivite or Vaishnavite as long as he
possessed a fitness certificate from one of the
institutions referred to in Rule 12. Rule 12 was a
rule made by the Government under the principal
Act. That rule is always capable of being varied or
changed. It was also open to the Government to make
no rule at all or to prescribe a fitness certificate
issued by an institution which did not teach the
Agamas or traditional rituals. The result would,
therefore, be that any person, whether he is a Saivite
or Vaishnavite or not, or whether he is proficient in
the rituals appropriate to the temple or not, would be
eligible for appointment as an Archaka and the
trustee's discretion in appointing the Archaka without
reference to personal and other qualifications of the
Archaka would be unbridled. The trustee is to
function under the control of the State because under
Section 27 of the principal Act the trustee was bound
to obey all lawful orders issued under the provisions
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of the Act by the Government, the Commissioner, the
Deputy Commissioner or the Assistant Commissioner.
It was submitted that the innocent looking amendment
brought the State right into the sanctum sanctorum
through the agency of the trustee and the Archaka.”
108. In Paragraph No. 12 the Honble Supeme Court observed as
under:-
“12. The Agamas have also rules with regard to the
Archakas. In Saivite temples only a devotee of Siva,
and there too, one belonging to a particular
denomination or group or sub-group is entitled to be
the Archaka. If he is a Saivite, he cannot possibly be
an Archaka in a Vaishnavite Agama temple to
whatever caste he may belong and however learned
he may be. Similarly, a Vaishnavite Archaka has no
place as an Archaka in a Saivite temple. Indeed there
is no bar to a Saivite worshipping in a Vaishnavite
temple as a lay worshipper or vice versa. What the
Agamas prohibit is his appointment as an Archaka in
a temple of a different denomination. Dr Kane has
quoted the Brahmapurana on the topic of Punah-
pratistha (Re-consecration of images in temples) at p.
904 of his History of Dharmasastra referred to
above. The Brahmapurana says that “when an image
is broken into two or is reduced to particles, is burnt,
is removed from its pedestal, is insulted, has ceased
to be worshipped, is touched by beasts like donkeys
or falls on impure ground or is worshipped with
mantras of other deities or is rendered impure by the
touch of outcastes and the like — in these ten
contingencies, God ceases to indwell therein”. The
Agamas appear to be more severe in this respect.
Shri R. Parthasarathy Bhattacharya, whose
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authority on Agama literature is unquestioned, has
filed his affidavit in Writ Petition No. 442 of 1971
and stated in his affidavit, with special reference to
the Vaikhanasa Sutra to which he belongs, that
according to the texts of the Vaikhanasa Shastra
(Agama), persons who are the followers of the four
Rishi traditions of Bhrigu, Atri, Marichi and
Kasyapa and born of Vaikhanasa parents are alone
competent to do puja in Vaikhanasa temples of
Vaishnavites. They only can touch the idols and
perform the ceremonies and rituals. None others,
however, high placed in society as pontiffs or
Acharyas, or even other Brahmins could touch the
idol, do puja or even enter the Garbha Griha. Not
even a person belonging to another Agama is
competent to do puja in Vaikhanasa temples. That is
the general rule with regard to all these sectarian
denominational temples. It is, therefore, manifest that
the Archaka of such a temple besides being
proficient in the rituals appropriate to the worship
of the particular deity, must also belong, according
to the Agamas, to a particular denomination. An
Archaka of a different denomination is supposed to
defile the image by his touch and since it is of the
essence of the religious faith of all worshippers that
there should be no pollution or defilement of the
image under any circumstance, the Archaka
undoubtedly occupies an important place in the
matter of temple worship. Any State action which
permits the defilement or pollution of the image by
the touch of an Archaka not authorised by the
Agamas would violently interfere with the religious
faith and practices of the Hindu worshipper in a vital
respect, and would, therefore, be prima facie invalid
under Article 25(1) of the Constitution.”
109. In Paragraphs 11, 14, 16 & 19 the Hon'ble Supreme Court has
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observed as under regarding “Agamas” :-
“11. Before we turn to these questions, it will
be necessary to refer to certain concepts of Hindu
religious faith and practices to understand and
appreciate the position in law. The temples with
which we are concerned are public religious
institutions established in olden times. Some of them
are Saivite temples and the others are Vaishnavite
temples, which means, that in these temples God
Shiva and Vishnu in their several manifestations are
worshipped. The image of Shiva is worshipped by his
worshippers who are called Saivites and the image of
Vishnu is worshipped by his worshippers who are
known as Vaishnavites. The institution of temple
worship has an ancient history and according to Dr
Kane, temples of deities had existed even in the 4th or
5th century B.C. (See History of Dharmasastra Vol.
II, Part II, p. 710). With the construction of temples
the institution of Archakas also came into existence,
the Archakas being professional men who made their
livelihood by attending on the images. Just when the
cult of worship of Siva and Vishnu started and
developed into two distinct cults is very difficult to
say, but there can be no doubt that in the times of the
Mahabharata these cults were separately developed
and there was keen rivalry between them to such an
extent that the Mahabharata and some of the Puranas
endeavoured to inculcate a spirit of synthesis by
impressing that there was no difference between the
two deities. (See p. 725 supra.) With the
establishment of temples and the institution of
Archakas, treatises on rituals were compiled and they
are known as “Agamas”. The authority of these
Agamas is recognised in several decided cases and by
this Court in Sri Venkataramana Devaru v. State of
Mysore [1958 SCR 895] Agamas are described in the
last case as treatises of ceremonial law dealing with
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such matters as the construction of temples,
installation of idols therein and conduct of the
worship of the deity. There are 28 Agamas relating to
the Saiva temples, the most important of them being
the Kamikagama, the Karanagama and the
Suprabedagama. The Vaishnavas also had their own
Agamas. Their principal Agamas were the Vikhanasa
and the Pancharatra. The Agamas contain elaborate
rules as to how the temple is to be constructed, where
the principal deity is to be consecrated, and where
the other Devatas are to be installed and where the
several classes of worshippers are to stand and
worship. Where the temple was constructed as per
directions of the Agamas the idol had to be
consecrated in accordance with an elaborate and
complicated ritual accompanied by chanting of
mantras and devotional songs appropriate to the
deity. On the consecration of the image in the temple
the Hindu worshippers believe that the Divine Spirit
has descended into the image and from then on the
image of the deity is fit to be worshipped. Rules with
regard to daily and periodical worship have been
laid down for securing the continuance of the Divine
Spirit. The rituals have a two-fold object. One is to
attract the lay worshipper to participate in the
worship carried on by the priest or Archaka. It is
believed that when a congregation of worshippers
participates in the worship a particular attitude of
aspiration and devotion is developed and confers
great spiritual benefit. The second object is to
preserve the image from pollution, defilement or
desecration. It is part of the religious belief of a
Hindu worshipper that when the image is polluted or
defiled the Divine Spirit in the image diminishes or
even vanishes. That is a situation which every devotee
or worshipper looks upon with horror. Pollution or
defilement may take place in a variety of ways.
According to the Agamas, an image becomes defiled
if there is any departure or violation of any of the
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rules relating to worship. In fact, purificatory
ceremonies have to be performed for restoring the
sanctity of the shrine [1958 SCR 895 (910)].
Worshippers lay great store by the rituals and
whatever other people, not of the faith, may think
about these rituals and ceremonies, they are a part of
the Hindu religious faith and cannot be dismissed as
either irrational or superstitious. An illustration of
the importance attached to minor details of ritual is
found in the case of His Holiness Peria Kovil Kelvi
Appan Thiruvenkata Ramanuja Pedda Jiyyangarlu
Varlu v. Prathivathi Bhavankaram Venkatacharlu [73
IA 156] which went up to the Privy Council. The
contest was between two denominations of Vaishnava
worshippers of South India, the Vadagalais and
Tengalais. The temple was a Vaishnava temple and
the controversy between them involved the question
as to how the invocation was to begin at the time of
worship and which should be the concluding
benedictory verses. This gives the measure of the
importance attached by the worshippers to certain
modes of worship. The idea most prominent in the
mind of the worshipper is that a departure from the
traditional rules would result in the pollution or
defilement of the image which must be avoided at all
costs. That is also the rationale for preserving the
sanctity of the Garbhagriha or the sanctum
sanctorum. In all these temples in which the images
are consecrated, the Agamas insist that only the
qualified Archaka or Pujari shall step inside the
sanctum sanctorum and that too after observing the
daily disciplines which are imposed upon him by the
Agamas. As an Archaka he has to touch the image
in the course of the worship and it is his sole right
and duty to touch it. The touch of anybody else
would defile it. Thus under the ceremonial law
pertaining to temples even the question as to who is
to enter the Garbhagriha or the sanctum sanctorum
and who is not entitled to enter it and who can
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worship and from which place in the temple are all
matters of religion as shown in the above decision of
this Court.
14. Bearing these principles in mind, we have
to approach the controversy in the present case.
110. As far as the appointment of Priest in Vaishnava or Saiva
Temple is concerned, the Honble supreme Court observed as under:-
16. It has been recognised for a long time that
where the ritual in a temple cannot be performed
except by a person belonging to a denomination, the
purpose of worship will be defeated: See Mohan
Lalji v. Gordhan Lalji Maharaj [35 All (PC) 283 at p.
289]. In that case the claimants to the temple and its
worship were Brahmins and the daughter's sons of
the founder and his nearest heirs under the Hindu
law. But their claim was rejected on the ground that
the temple was dedicated to the sect following the
principles of Vallabh Archarya in whose temples only
the Gossains of that sect could perform the rituals
and ceremonies and, therefore, the claimants had no
right either to the temple or to perform the worship.
In view of the Amendment Act and its avowed object
there was nothing, in the petitioners' submission, to
prevent the Government from prescribing a
standardised ritual in all temples ignoring the
Agamic requirements, and Archakas being forced
on temples from denominations unauthorised by the
Agamas. Since such a departure, as already shown,
would inevitably lead to the defilement of the image,
the powers thus taken by the Government under the
Amendment Act would lead to interference with
religious freedom guaranteed under Articles 25 and
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26 of the Constitution.
17. The force of the above submissions made
on behalf of the petitioners was not lost on the
learned Advocate-General of Tamil Nadu who
appeared on behalf of the State. He, however, side-
tracked the issue by submitting that if we were to
consider in isolation only the changes introduced in
Section 55 by the Amendment Act the situation as
described on behalf of the petitioners could
conceivably arise. He did not also admit that he was
bound by either the statement of objects and reasons
or the reiteration of the same in the counter-affidavit
filed on behalf of the State. His submission was that
we have to take the principal Act as it now stands
after the amendment and see what is the true effect of
the same. He contended that the power given to the
trustee under the amended Section 55 was not an
unqualified power because, in his submission, that
power had to be read in the context of Section 28
which controlled it. Section 28(1) provides as
follows:
“Subject to the provisions of the Tamil Nadu
Temple Entry Authorisation Act, 1947, the
trustee of every religious institution is bound to
administer its affairs and to apply its funds and
properties in accordance with the terms of the
trust, the usage of the institution and all lawful
directions which a competent authority may
issue in respect thereof and as carefully as a
man of ordinary prudence would deal with such
affairs, funds and properties if they were his
own.”
18. The learned Advocate-General argued that
the trustee was bound under this provision to
administer the affairs of the temple in accordance
with the terms of the trust and the usage of the
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institution. If the usage of the institution is that the
Archaka or Pujari of the temple must be of a
particular denomination, then the usage would be
binding upon him and he would be bound to make
the appointment under Section 55 in accordance
with the usage of appointing one from the particular
denomination. There was nothing in Section 55, in
his submission, which released him from his
liability to make the appointment in accordance with
the said usage. It was true that the principle of the
next-in-line of succession was not binding on him
when making the appointment of a new Archaka, but
in his submission, that principle is no part of the
usage, the real usage being to appoint one from the
denomination. Moreover the amended section,
according to him, does not require the trustee to
exclude in every case the hereditary principle if a
qualified successor is available and there was no
reason why the trustee should not make the
appointment of the next heir, if found competent. He,
however, agreed, that there was no such legal
obligation on the trustee under that section. He
further contended that if the-next-in-line of
succession principle is regarded as a usage of any
particular temple it would be merely a secular usage
on which legislation was competent under Article
25(2)(a) of the Constitution. Going further, he
contended that if the hereditary principle was
regarded as a religious practice that would be also
amenable to legislation under Article 25(2)(b) which
permits legislation for the purpose of social welfare
and reform. He invited attention to the report of the
Hindu Religious Endowments Commission
(1960-1962) headed by Dr C.P. Ramaswami Aiyar
and submitted that there was a crying need for reform
in this direction since the hereditary principle of
appointment of Archakas had led to grave
malpractices practically destroying the sanctity of
worship in various religious institutions.
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19. We have found no any difficulty in
agreeing with the learned Advocate-General that
Section 28(1) of the principal Act which directs the
trustee to administer the affairs of the temple in
accordance with the terms of the trust or the usage
of the institution, would control the appointment of
the Archaka to be made by him under the amended
Section 55 of the Act. In a Saivite or a Vaishnavite
temple the appointment of the Archaka will have to
be made from a specified denomination, sect or
group in accordance with the directions of the
Agamas governing those temples. Failure to do so
would not only be contrary to Section 28(1) which
requires the trustee to follow the usage of the
temple, but would also interfere with a religious
practice the inevitable result of which would be to
defile the image. The question, however, remains
whether the trustee, while making appointment from
the specified denomination, sect or group in
accordance with the Agamas, will be bound to
follow the hereditary principle as a usage peculiar to
the temple. The learned Advocate-General contends
that there is no such invariable usage. It may be that,
as a matter of convenience, an Archaka's son being
readily available to perform the worship may have
been selected for appointment as an Archaka from
times immemorial. But that, in his submission, was
not a usage. The principle of next-in-line of
succession has failed when the successor was a
female or had refused to accept the appointment or
was under some disability. In all such cases the
Archaka was appointed from the particular
denomination, sect or group and the worship was
carried on with the help of such a substitute. It,
however, appears to us that it is now too late in the
day to contend that the hereditary principle in
appointment was not a usage. For whatever reasons,
whether of convenience or otherwise, this hereditary
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principle might have been adopted, there can be no
doubt that the principle had been accepted from
antiquity and had also been fully recognised in the
unamended Section 55 of the principal Act. Sub-
section (2) of Section 55 provided that where the
office or service is hereditary, the person next in the
line of succession shall be entitled to succeed and
only a limited right was given under sub-section (3)
to the trustee to appoint a substitute. Even in such
cases the explanation to sub-section (3) provided that
in making the appointment of the substitute the
trustee should have due regard to the claims of the
members of the family, if any, entitled to the
succession. Therefore, it cannot be denied as a fact
that there are several temples in Tamil Nadu where
the appointment of an Archaka is governed by the
usage of hereditary succession. The real question,
therefore, is whether such a usage should be
regarded either as a secular usage or a religious
usage. If it is a secular usage, it is obvious,
legislation would be permissible under Article 25(1)
(a) and if it is a religious usage it would be
permissible if it falls squarely under sub-section
25(1)(b).
111. The Hon’ble Supreme Court, while dealing with the vires of
the amendments brought about by the Tamil Nadu Hindu Religious and
Charitable Endowments (Amendment) Act, 1970, clearly held that while
making appointments from the specified denomination, sect or group in
accordance with the Agamas, the question as to whether the trustees
would be bound to follow the hereditary principle as a usage peculiar to
the temple was considered. The Court answered the question by observing
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that for whatever reasons, whether of convenience or otherwise, this
hereditary principle might have been adopted, there can be no doubt that
the principle had been accepted from antiquity and had also been fully
recognised in the unamended Section 55 of the principal Act.
112. The above observation in the above decision of the Hon'ble
Supreme Court rendered in the context of the amendment to the Tamil
Nadu Hindu Religious and Charitable Endowments Act, 1959 vide the
Tamil Nadu Hindu Religious and Charitable Endowments (Amendment)
Act, 1970 has to be held to be authority insofar as the powers of the
Hereditary Trustee to appoint a period to the post of priest (Archakas)
other than by way of Hereditary Succession which was hereditary in
nature till then.
113. The Hon’ble Supreme Court relied upon the affidavit of Shri
R. Parthasarathy Bhattacharya, who filed an affidavit in W.P. No. 442 of
1971, wherein special reference was made to the Vaikhanasa Sutra to
which he belongs. In the extracted portion, the Honble Supreme Court
observed that according to the texts of the Vaikhanasa Shastra (Agama),
only persons who are followers of the four Rishi traditions of Bhrigu,
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Atri, Marichi and Kasyapa and who are born to Vaikhanasa parents are
competent to perform puja in Vaikhanasa temples of Vaishnavites.
114. A reading of the above judgment also makes it clear that
different Agamas are applicable to Vaikhanasa temples and Shiva
temples. There are about 28 Agamas for Shiva temples, whereas, in the
case of Vaikhanasa temples, there are two principal Agamas, namely
Vikhanasa and Pancharatra.
115. The decision also elucidates that, according to the Agamas, an
image becomes defiled if there is any departure from or violation of any of
the rules relating to worship. In further observes that in fact, purificatory
ceremonies have to be performed for restoring the sanctity of the shrines.
Thus, the Court also emphasised that worshippers attach great importance
to the rituals and that, whatever other people who are not of the faith may
think about these rituals and ceremonies, they are an integral part of the
religious practices.
116. An illustration of the importance attached to minor details of
ritual is found in the case of His Holiness Peria Kovil Kelvi Appan
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Thiruvenkata Ramanuja Pedda Fiyyangaru Varlu v. Prathivathi
Bhavankaram Venkatacherlu and Others, 1958 SCR 895.”
117. The observations made in the above paragraphs are not to be
treated as the correct position on facts and are merely Sub Silentio that are
made in passing reference as the Hon'ble Supreme Court was concerned
only with the validity of the H.R. & C.E. Act.
118. The Hon'ble Supreme Court in the case of N. Adithayan Vs
The Travancore Devasom Board & Ors., 2002 SCC OnLine SC 945
dated 03.10.2002 has diluted the above case and the court held that there
is no justification for permitting only the Malayali Brahmins to carry out
the necessary rites and rituals of the temple as priests. The temple customs
restricting only the brahmins to perform the rituals was held violative of
human rights and human dignity. Relevant portion is extracted below :-
“Any custom or usage irrespective of even any proof
of their existence in pre constitutional days cannot be
countenanced as a source of law to claim any rights when
it is found to violate human rights, dignity, social equality
and the specific mandate of the Constitution and law made
by Parliament. No usage which is found to be pernicious
and considered to be in derogation of the law of the land or
opposed to public policy or social decency can be accepted
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or upheld by Courts in the country.”
119. Since the Government of Tamil Nadu has also constituted a
Committee pursuant to the order passed by the First Bench of the Madras
High Court (Principal Bench of this Court) in All India Adi Saiva
Sivacharyargal Seva Sangam, represented by its General Secretary,
B.S.R. Mutukumar v. State of Tamil Nadu, represented by its Secretary
to Government, Namakkal Kavignar Maligai and another, 2022 SCC
OnLine Mad 4154, vide G.O.(Ms.) No.418, Tourism, Culture and
Religious Endowments Department, dated 06.10.2025 to determine which
of the temples were built as per Agamas.
RESULT
120. (I) It emerges that as on date, the law is that in the case of
temples which have been constructed in accordance with the Agamas, the
rituals in such temples have to be strictly followed in accordance with the
Agamas.
(II) However, whether a particular temple has been constructed in
accordance with the Agamas or not is to be determined by the Committee
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W.P.(MD) Nos.11386 & 12387 of 2026
constituted by the First Bench of the Madras High Court (Principal Bench
of this Court), vide its order dated 22.08.2022 in W.P.No.17802 of 2021.
(III) As far as the recitation of Tamil hymns (jkpo; jpUKiw) and
hymns in any language other than Sanskrit is concerned, a separate
Committee has been constituted by the Government pursuant to the order
of the Division Bench of this Court in W.P.(MD) No.19115 of 2020, vide
order dated 19.08.2021.
(IV) Recitation of Tamil hymns (jkpo; jpUKiw) will be subject to
the recommendation of the said Committee constituted by the Government
pursuant to the order of the Division Bench of this Court in W.P.(MD)
No.19115 of 2020, vide order dated 19.08.2021 and subject to such orders
of the Hon'ble Supreme Court, since the Hon'ble Supreme Court is also
seized of the issue, as is evident from the order dated 26.09.2025 passed
in Civil Appeal No.7692 of 2023, which was last listed on 05.08.2026
and has been adjourned to February, 2027 by extending the time for
completing the exercise of identifying the temples in the State of Tamil
Nadu which are governed by the Agamas.
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W.P.(MD) Nos.11386 & 12387 of 2026
(V) Therefore, the relief sought for by the petitioner in W.P.(MD)
No.12387 of 2026 cannot be countenanced at this stage, since the issue is
sub judice before the Hon'ble Supreme Court.
(VI) That apart, unless Rules are framed, a person who is not an
employee of any of the temples cannot independently seek a prayer for
recitation of hymns during the Velvi Kundam Nigalvugam (raising of the
sacred fire), which forms part of the Kudamuzhukku (Kumbabishegam)
scheduled to be held on 17.09.2026. However, like all devotees, the
petitioner, can participate in the Kudamuzhukku (Kumbabishegam)
scheduled to be held on 17.09.2026 at Arulmigu Meenakshi
Sundareswarar Tirukovil, Madurai.
(VII) The petitioner cannot seek for a relief except only and in
accordance with the procedure established by law, as the Writ Court is
intended to implement the law and declare the law and not to make the
law.
(VIII) Although the petitioner may have the requisite qualification
to chant Tamil hymns (jkpo; jpUKiw), the petitioner cannot seek such a
relief under Article 226 of the Constitution of India. At best, this Court
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can acknowledge that there has been a denial of an opportunity and
possibly offends Article 14 of the Constitution of India.
(IX) However, that issue would have to be tested in appropriate
proceedings, in the light of the ratio laid down by the Hon'ble Supreme
Court in Seshammal, referred to supra.
(X) It is for the Legislature or the Executive to take a call as to
whether the time has come to allow others to participate in events such as
Kudamuzhukku (Kumbabishegam), keeping in view the progress made
since the Constitution was adopted on 26.11.1949.
(XI) Additionally, it is clarified that there cannot be any deviation
unless there is a valid challenge to the procedure being followed, in
appropriate proceedings before the appropriate forum, including a
competent Court.
(XII) Therefore, W.P.(MD) No.12387 of 2026 is liable to be
dismissed and is accordingly dismissed.
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(XIII) As far as the request of the petitioner in W.P.(MD) No.
11386 of 2026 is concerned, the recitation of Tamil spiritual mantras,
including Tamil hymns by Othuvars, has already been address and
implemented in the temples and has been in practice. Therefore, insofar as
the request for recitation of the same along with Sanskrit, equally, in the
rituals at Yaga Salai, Karuvarai and Gopura Vimanam is concerned, as
mentioned above, unless there is a law by the Legislature or delegated
Legislation, the petitioner cannot seek for such a relief, as the Writ Court
is intended to implement the law and declare the law, and not to make the
law.
(XIV) Whether participation in such events is to be opened to
others in future would be subject to the law to be declared by the Hon'ble
Supreme Court in the cases pending before it and, thereafter, to the
determination as to whether the said temple was constructed in
accordance with the Agamas.
(XV) Accordingly, both the Writ Petitions are liable to be dismissed
and are accordingly dismissed with the above observations. There shall be
no order as to costs.
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03.09.2026
JEN
Index: Yes / No
Internet : Yes
Neutral Citation : Yes
To
1.The Principal Secretary,
Hindu Religious and Charitable Endowments Department,
The Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2.The Secretary,
Tourism, Culture and Religious Endowments Department,
The Government of Tamil Nadu,
Fort St.George, Secretariat, Chennai.
3.The Commissioner,
Hindu Religious and Charitable Endowments Department,
No.119, Uthamar Gandhi Road,
Chennai - 600 034.
4.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department, Madurai.
5.The Joint Commissioner / Executive Officer,
O/o.The Joint Commissioner,
Arulmigu Meenakshi Sundareswarar Tirukovil,
Madurai - 625 001.
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C.SARAVANAN, J.
JEN
Pre-Delivery Common Order made
in
W.P.(MD) Nos.12387 & 11386 of 2026
03.09.2026
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In a significant ruling concerning temple traditions and the use of languages in sacred rituals, the Madras High Court addressed petitions on the integration of Tamil hymns in temple rituals and adherence to Agamic principles for Archaka appointments. This comprehensive judgment, now accessible on CaseOn, delves into the intricate balance between religious freedom, customary practices, and administrative oversight by the Hindu Religious and Charitable Endowments (HR&CE) Department.
\n\nTwo separate writ petitions were filed: W.P.(MD) No.11386 of 2026 by Tamil Rajendiran @ R.Rajendiran and W.P.(MD) No.12387 of 2026 by D.Sureshbabu. The respondents included the Principal Secretary to the Government of Tamil Nadu (HR&CE Department), the Commissioner (HR&CE), the Joint Commissioner of the Arulmigu Meenakshi Sundareswarar Temple in Madurai, and various religious organizations and individuals such as the All India Adi Saiva Sivacharyargal Seva Sangam.
\n\nTamil Rajendiran sought a directive for the HR&CE Department to obtain and implement an expert committee report allowing the equal use of Tamil spiritual mantras and hymns alongside Sanskrit in the Yaga Saalai, Karuvarai, and Gopura Vimaanam during the Kudamuzhuku (consecration ceremony) of the Arulmigu Meenakshi Amman Temple, scheduled for September 17, 2026. D.Sureshbabu challenged an order rejecting his request to perform Velvi Kundam Nigalvugal (raising sacred fire) using Tamil Vazhi Tirukudamuzhuku, seeking equal footing with Sanskrit Yaga Kundams. The temple authorities argued for adherence to established Agamic and customary practices, asserting that Tamil hymns were already given due importance, albeit in separate designated areas, in line with centuries-old traditions.
\n\nThe core legal issues before the High Court were:
\nThe court examined the case in light of fundamental rights enshrined in the Constitution of India:
\nThe court referenced several key Supreme Court judgments:
\nThe court also noted the formation of two committees:
\nThe court highlighted the rich history of the Meenakshi Sundareswarar Temple, dating back to ancient Pandya times, with significant renovations and additions over centuries by various kings, including the Nayak rulers. The temple rituals and Kudamuzhuku ceremonies have historically followed Kaarana and Kaamiya Aagamas, adhering to long-standing customary practices. The last Kudamuzhuku was in 2009, with the next scheduled for September 17, 2026, commencing with Vigneshwara poojai on September 6, 2026.
\n\nThe court clarified that Kudamuzhuku (Tamil) and Kumbabishekam (Sanskrit) refer to the consecration of a temple, typically conducted every twelve years. While renovation work for the upcoming ceremony was detailed, the court emphasized that the practice of rituals in this temple has been in place since the Nayak period, with Sivachariyars reciting Vedic Parayanam and Tamil Othuvars reciting Panniru Thirumurai in a separate designated area.
\n\nThe temple administration maintained that it follows Agamic principles and customary practices for all daily poojas and festivals. They stated that while Tamil Othuvars participate by chanting Tamil hymns in a separate space, Sthanika Battars perform the main poojas to the deities. The administration asserted that permitting external individuals to perform Velvi Kundam Nigalvugal in Tamil would create a new right not supported by existing practices or law.
\n\nThe court acknowledged that previous judgments (Srikumar, Thirumurugan) confirmed that no religious scripture prohibits Tamil mantras and that devotees have a choice. However, the current petitions sought judicial direction to *mandate* the equal use of Tamil in core ritualistic areas, which the court found problematic without a legislative framework. The Supreme Court's pronouncements on Agamas protecting specific denominational requirements for Archakas were key. Any deviation from Agamic rules, particularly regarding who performs rituals, is considered to defile the image, an integral part of religious belief for worshippers.
\n\nThe court extensively reviewed how Agamas dictate who can be an Archaka in a temple, emphasizing that in Saivite temples, only Saivite devotees of a particular denomination can officiate. This rule, designed to prevent the defilement of the deity's image, significantly limits who can perform specific rituals. While the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1970, sought to abolish hereditary succession for priests, the Supreme Court clarified that appointments must still adhere to Agamic requirements regarding the Archaka's denomination and qualifications.
\n\nThe court noted the shift in judicial perspective, particularly with the N. Adithayan case, which underscored that customs violating fundamental human rights or constitutional mandates could not be sustained. This highlights a dynamic tension between ancient religious traditions and modern constitutional values, which is currently being explored by various committees and the Supreme Court.
\nFor legal professionals seeking clarity on these evolving interpretations, CaseOn.in offers invaluable resources, including concise 2-minute audio briefs that quickly distil the complex legal nuances of these specific rulings, making it easier to grasp their implications for temple administration and religious freedom.
\n\nThe court dismissed D.Sureshbabu's petition, primarily because the broader issue of determining which temples are constructed as per Agamas and the scope of rituals within them is currently *sub judice* before the Hon'ble Supreme Court. The court reiterated that a Writ Court's role is to implement existing law, not to create new legislative frameworks or rights for individuals not employed by the temple to perform specific rituals.
\n\nTamil Rajendiran's petition was also dismissed. The court noted that Tamil hymns are already recited by Othuvars in temples. However, mandating their equal recitation alongside Sanskrit in the Yaga Salai, Karuvarai, and Gopura Vimaanam would require a specific law by the Legislature or delegated legislation, which the High Court cannot direct. The court reaffirmed that such changes must be within a legally established framework.
\n\nBoth petitions were dismissed with the following observations:
\nThe Madras High Court, in W.P.(MD) Nos.11386 & 12387 of 2026, dismissed petitions seeking to mandate the equal use of Tamil hymns in key ritualistic areas during the Kudamuzhuku ceremony at the Meenakshi Sundareswarar Temple and to allow a specific individual to perform Tamil-based fire rituals. The court underscored that temple rituals, especially in Agama-built temples, must adhere to established Agamic principles. It highlighted that matters related to determining Agama-built status and specific guidelines for Tamil hymn recitation are currently under review by expert committees and the Supreme Court. The judgment emphasized that the judiciary's role is to uphold existing law, not to legislate new religious practices, especially in the absence of a clear legal framework or a proven violation of constitutional rights that outweigh religious custom.
\n\nThis judgment offers crucial insights into the evolving landscape of religious freedom, temple administration, and the interpretation of traditional practices in modern India. For legal professionals and students, it provides a deep dive into:
\nAll information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a qualified legal professional for advice on specific legal issues. The content is based on the interpretation of the provided court document and should not be relied upon as a substitute for professional legal counsel.
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