SRI SABANAYAGAR TEMPLE vs THE STATE OF TAMILNADU

2026:MHC:4389
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 12.10.2026
Pronounced on : 30.10.2026
CORAM
THE HON'BLE DR. JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR. JUSTICE E.MANOHARAN
W.P.Nos.36022, 20467 and 30365 of 2023
and
W.M.P.Nos.19850 and 19851 of 2023, 4729 of 2024,
36000 of 2023, 30356, 31061, 33543, 33545, 33791,
29953, 34510, 35999 of 2023 and 45654 and 54388 of 2025
W.P.No.36022 of 2023 :-
Sri Sabanayagar Temple
represented by the Secretary,
Podhu Dikshitars,
T.S.Sivarama Dikshitar,
S/o Subramaniya Dikshitar,
Door No.78/37, East Car Street,
Chidambaram,
Cuddalore District 608 001. .. Petitioner
/versus/
1.The State of Tamil Nadu,
Rep.by its Principal Secretary,
Tourism, Culture and Religious
Endowments Department,
Fort St. George. Chennai.
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2.The Commissioner,
Hindu Religious and Charitable Endowments,
Having office at 119, Mahatma Gandhi Road,
Nungambakkam, Chennai, Tamil Nadu 600 034.
3.The Superintendent of Police,
Cuddalore, Cuddalore District. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari to call for records pertaining to the impugned G.O.
(Status) No.115, Tourism, Culture, Religious Endowments (R.E.3-)Department, dated
st
17.05.2022, passed by the 1 respondent and quash the same as illegal and
unconstitutional as it is violation of rights guaranteed under Article 26 of the
Constitution.
For Petitioner :Mr.K.Harishankar
for Mr.G.Chandrasekaran
For Respondents :Mr.R.Bharanidharan,
Spl.G.P.(HR &CE) for R1 and R2
Mr.N.Palanivel, GA (Crl.Side) for R3
-----
W.P.No.20467 of 2023 :-
T.R.Ramesh,
S/o Dr.T.N.Ramachandran,
Flat 3B, Nataraj Apartments,
17D Silva Road, Mylapore,
Chennai 600 004. .. Petitioner
/versus/
1.The State of Tamil Nadu
Rep.by its Principal Secretary,
Tourism, Culture and Religious Endowments Department,
Fort St.George, Chennai.
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2026:MHC:4389
2.The Commissioner,
Hindu Religious and Charitable Endowments,
119, Mahatma Gandhi Road,
Nungambakkam, Chennai 600 034.
3.Sri Sabhanayagar Temple
represented by the Secretary,
Podhu Dikshitars,
Chidambaram Town,
Cuddalore District 608 001. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India
praying to issue a Writ of Declaration to declare G.O.(Ms)No.115, Tourism, Culture and
st
Religious Endowments (R.E.3-2)Department, dated 17.05.2022, passed by the 1
respondent as non-est and ultra vires of Articles 25 and 26 of the Constitution of India,
S.107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the
judgment of the Hon’ble Supreme Court in the case of Dr.Subramanian Swamy v. State
st nd
of Tamil Nadu, dated 06.01.2014 and consequently restrain the 1 and 2 respondents
from interfering with the administration and affairs of the Sri Sabanayagar Temple,
Chidambaram.
For Petitioner :Mr.T.R.Ramesh, P-in-P
For Respondents :Mr.R.Bharanidharan,
Spl.G.P.(HR &CE) for R1 and R2
-----
W.P.No.30365 of 2023 :-
K.Rajesekhar(M/52)
S/o K.Kannan,
Door No.38/1, Nadu Street, Tittakudi,
Cuddalore District-606106. .. Petitioner
/versus/
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2026:MHC:4389
1.The State of Tamil Nadu
Rep.by its Principal Secretary,
Tourism, Culture and Religious Endowments Department,
Fort St.George, Chennai.
2.The Commissioner,
Hindu Religious and Charitable Endowments,
Having office at 119, Mahatma Gandhi Road,
Nungambakkam, Chennai, Tamil Nadu 600 034.
3.Sri Sabhanayagar Temple
represented by the Secretary,
Podhu Dikshitars,
Chidambaram.
4.The Superintendent of Police,
Cuddalore, Cuddalore District. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, to call for records pertaining to the impugned G.O.
(Status)No.115, Tourism, Culture and Religious Endowments (R.E.3-2)Department,
st
dated 17.05.2022, issued by the 1 respondent and quash the same as illegal and
unconstitutional as it is in violative of fundamental rights guaranteed under Article 26 of
the Constitution of India.
For Petitioner :Mr.Naveen Aravindhan
For Respondents :Mr.R.Bharanidharan,
Spl.G.P.(HR &CE) for R1 and R2
Mr.K.Harishankar for
Mr.G.Chandrasekaran for R3
Mr.N.Palanivel, GA (Crl.Side) for R4
-----
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2026:MHC:4389
COMMON ORDER
Dr.G.JAYACHANDRAN, J.
AND
E.MANOHARAN, J.
Hindus worship ‘ Lord Shiva ’ in his dancing form as ‘ Lord Nataraja ’(King of
Dance). Thillai Nataraja Koil’ also known as ‘Sri Sabanayagar (Lord Nataraja) Temple
is an ancient temple, where Lord Nataraja and his consort Sivagami Ammal or
Sivagamasundari Ammal seated under a golden roof known as ‘Kanagasabai.

2. The above three writ petitions are in respect of the constitutional validity of the
Government Order permitting devotees to have darshan of Sri Sabanayagar by climbing
atop the Kanagasabai Mandapam in the Sri Sabanayagar (Nataraja) Temple, at
Chidambaram Town and Taluk, Tamil Nadu.
3. The Miscellaneous Petitions are either in connection with the darshan at
Kanagasabai or in respect of the proper maintenance of the heritage Temple structure
and to account the income from the properties of the temple. Earlier, the Division Bench
of this Court, taking notice of news report about the inaction of the Government in
preserving and protecting the Heritage structures, initiated Suo motu Writ Petition
W.P.No.574 of 2015 and in its order dated 07.06.2021, issued several directions. One
such directions was to the Government of Tamil Nadu to constitute the Heritage
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2026:MHC:4389
Commission consisting of 17 Members within a period of eight weeks from the date of
order, which shall act as an Advisory Body to the Government. The Heritage
Commission shall identify all the structures, monuments, temples, antiques with
historical/archaeological importance within the State of Tamil Nadu, formulate a list
with age of such monuments by categorizing them within their period group, issue
appropriate Notification, render periodical advices to the State, supervise the restoration,
repair works etc., and maintain the same. To the Union of India, the Court directed it to
implement the Ancient Monuments and Archaeological Sites and Remains Act, 1958 ( in
short “AMASR Act”) in letter and spirit, by declaring all religious structures more than
100 years old including temples, water tanks in the temple, sacred groves etc., including
private denomination temples,, as ‘National Monuments’ with immediate effect. The
directions issued by the Court to constitute Heritage Commission and other directions
were not carried by the respondents, within the time prescribed. Hence, the Contempt
proceedings were initiated. After substantial delay, the Tamil Nadu Government had
constituted Tamil Nadu Heritage Commission vide G.O.Ms.No.76, Commercial Taxes,
th
Registration and Religious Endowments (RE 1-1) dated 16 July 2026.
4. The first Writ Petition No.36022 of 2023 filed by Sri Sabanayagar Temple
represented by the Secretary, Podhu Dikshitars for the following reliefs:
“Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari to call for
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2026:MHC:4389
records pertaining to the impugned G.O. (Status) No.115, Tourism,
Culture, Religious Endowments (R.E.3-2)Department, dated
st
17.05.2022, passed by the 1 respondent and quash the same as illegal
and unconstitutional as it is violation of rights guaranteed under Article
26 of the Constitution.”
5. The second writ petition No.20467 of 2023 filed by one T.R.Ramesh for the
following relief:
“Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Declaration to
declare G.O.(Ms)No.115, Tourism, Culture and Religious
Endowments (R.E.3-2)Department, dated 17.05.2022, passed by
st
the 1 respondent as non-est and ultra vires of Articles 25 and 26
of the Constitution of India, S.107 of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959, the judgment of
the Hon’ble Supreme Court in the case of Dr.Subramanian
Swamy v. State of Tamil Nadu, dated 06.01.2014 and
st nd
consequently restrain the 1 and 2 respondents from interfering
with the administration and affairs of the Sri Sabanayagar
Temple, Chidambaram.”
6. The third Writ Petition No.30365 of 2023 filed by one K.Rajasekar, for the
following relief:-
“ Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari, to call for
records pertaining to the impugned G.O.(Status)No.115, Tourism,
Culture and Religious Endowments (R.E.3-2)Department, dated
st
17.05.2022, issued by the 1 respondent and quash the same as
illegal and unconstitutional as it is in violative of fundamental
rights guaranteed under Article 26 of the Constitution of India.”
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2026:MHC:4389
7. The prayer in the miscellaneous petitions filed in the respective writ petitions
are :-
(i) W.M.P.No.19850 of 2023 in WP No:20467 of 2023 is filed under Article 226
of the Constitution of India praying to pass an order of interim injunction restraining the
st nd
1 and 2 respondents from interfering with the administration and management of the
rd
affairs of the 3 respondent temple, pending disposal of the above writ petition.
(ii) W.M.P.No.19851 of 2023 in WP No:20467 of 2023 is filed under Article 226
of the Constitution of India praying to stay the operation of the G.O.(Ms)No.115,
Tourism, Culture and Religious Endowments (R.E.3-2) Department, dated 17.05.2022,
st
passed by the 1 respondent, pending disposal of this writ petition.
(iii) W.M.P.No.4729 of 2024 in W.P.No:36022 of 2023 is filed under Article 226
of the Constitution of India praying to delete the para numbers 2 and 3 of the affidavit
accompanying the main writ petition WP No: 36022/2023.
(iv) W.M.P.No.36000 of 2023 in W.P.No:36022 of 2023 is filed under Article 226
of the Constitution of India praying to stay the operation of the impugned G.O.
st
(Ms)No.115 dated 17.05.2022 passed by the 1 respondent pending disposal of this Writ
Petition.
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2026:MHC:4389
(v) W.M.P.No.30356 of 2023 in W.P.No:30365 of 2023 is filed under Article 226
of the Constitution of India praying to grant stay of the operation of the G.O.
(Ms)No.115, Tourism, Culture and Religious Endowments (R.E.3)Department dated
st
17.05.2022 issued by the 1 respondent, pending the disposal of this Writ Petition.
(vi) W.M.P.No.31061 of 2023 in W.P.No: 20467 of 2023 is filed under Article 226
of the Constitution of India praying to implead the proposed respondent as a fourth
respondent in the W.P.No.20467/2023.
(vii) W.M.P.No.29953 of 2023 in W.P.No:30365 of 2023 is filed under Article
st
226 of the Constitution of India praying to grant an interim injunction restraining the 1 ,
nd th
2 and 4 respondents to use police force and interfere with peaceful administration and
dharshan of the devotees in the temple under the guise of implementation of the
impugned G.O.(status) No.115, Tourism, Culture and Religious Endowments (R.E 3-2)
st
Department, dated 17.05.2022 issued by the 1 respondent pending the disposal of the
above writ petition.
(viii) W.M.P.No.34510 of 2023 in W.P.No:20467 of 2023 is filed under Article
226 of the Constitution of India praying to permit the petitioner herein to be impleaded
as a respondent in Writ Petition No.20467/2023.
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(ix) W.M.P.No.35999 of 2023 in W.P.No:36022 of 2023 is filed under Article 226
of the Constitution of India praying to pass an order of interim injunction or suitable
rd
direction to 3 respondent not to use huge police force disturbing the peaceful
administration of denominational sect of Podhu Dikshitar and their performance of
traditional pooja and worship and darshan of the devotees in the guise of forcible
implementation of the impugned G.O.Ms.No.115 dated 17.05.2022 in petitioner temple
till the disposal of the petition.
(x) W.M.P.Nos.45654 of 2025 in W.P.No:20467 of 2023 is filed under Article 226
of the Constitution of India praying to implead the petitioner/proposed respondent as
respondent in W.P.No.20467 of 2023.
(xi) W.M.P.No.54388 of 2025 in W.P.No:20467 of 2023 is filed under Article 226
of the Constitution of India praying to implead the petitioner/proposed respondent as
respondent 4 in W.P.No.20476 of 2023.
8. The prayers in the Miscellaneous Petitions filed in the Suo Motu W.P.No.574 of
2015 are:
(i) W.M.P.No.33543 of 2023 in W.P.No: 574 of 2015 is filed under Article 226 of
th
the Constitution of India praying to grant an interim injunction by restraining the 6
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2026:MHC:4389
respondent from carrying out on further constructions, repair work or developments in
the temple without obtaining permission from the petitioner/State Level Expert
Committee and District Level Expert Committee as per directions of this Hon’ble Court
by order dated 07.06.2021 in W.P.No.574 of 2015.
(ii) W.M.P.No.33545 of 2023 in W.P.No:574 of 2015 is filed under Article 226 of
th
the Constitution of India praying to issue direction to the 6 respondent to submit
accounts for the audit of Chidambaram, Arulmigu Sabanayagar Temple and produce
Valuables for appraisement and re-appraisement as per the Provisions of the Tamil Nadu
HR and CE Act, 1959.
(iii )W.M.P.No.33791 of 2023 in W.P.No:574 of 2015 is filed under Article 226
th
of the Constitution of India praying to grant leave the petitioner as a proposed 7
respondent for seeking direction from the Hon’ble Court in W.P.No.574 of 2015 to file
the writ miscellaneous petition.
9. Pursuant to the order passed by this Court in W.P.No.9447 of 2022 filed by one
M.N.Radhakrishnan, the Government of Tamil Nadu issued G.O.(Ms) No.115, Tourism,
Culture and Religious Endowments (R.E.3-2) Department, dated 17.05.2022. In the
course of the pendency of these writ petitions, it was brought to the notice of this Court
that certain Miscellaneous Petitions have been filed in the suo-moto Writ Petition
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No.574 of 2015 in connection with the constitution of the Heritage Commission and the
illegal construction put up in the Sabanayagar Temple at Chidambaram. Therefore, vide
order dated 22.12.2023 direction to the Registry was issued to tag those Miscellaneous
Petitions and list it for consideration. Likewise, the petitions filed by the third parties to
implead them and hear them were also directed to be tagged in these batch of Writ
Petitions for holistic consideration of the dispute.
10. Thus, through these Writ Petitions and Miscellaneous Petitions, the following
three issues for consideration are put before this Court:-
(a) Whether G.O.Ms. No.115 issued by the Government is a
colourable exercise of the executive power to override the
constitutional right of the Podhu Dikshitars of Chidambaram as a
Denomination Institution in respect of administering the Sri
Sabanayagar Temple at Chidambaram. ?
(b) Whether the heritage structure of the temple was damaged under
the Management of the Podhu Dikshitars, under the guise of
renovation and maintenance?
(c) Whether the immovable and movable properties of the Temple
properly accounted and audited?
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2026:MHC:4389
( A) Right of the Podhu Dikshitars protected under Article 26 of the
Constitution of India vis-a-viz the power of the State to issue Executive Order
under Article 161 of the Constitution of India.
11. The Government Order under challenge reads as below:
ABSTRACT
Hindu Religious and Charitable Endowments Department – Sri Sabhanayagar
(Nataraja)Temple, Chidambaram, Town and Taluk, Cuddalore District – Permission
given to Devotees to have dharshan of Sri Sabhanayagar by climbing atop Kanakasabhai
Mandapam -Orders
---------------------------------------------------------------------------------------------------
Tourism, Culture and Religious Endowments (R.E.3-2) Department
G.O.(Ms)No.115
Dated 17.05.2022
Subakruthu-Vaikasi -03
Tiruvallur Year 2053
Read:
Commissioner of Hindu Religious and Charitable Endowments Department,
Letter R.C.No.20049/2022/H3 dated 25.04.2022.
*
Order:-
In the letter read above, the Commissioner for Hindu Religious and Charitable
Endowments Department, has stated that in the petition W.P.No.9447 of 2022 filed by
one M.N.Radha Krishnan before Madras High Court seeking approval to climb up to
Kanakasabhai Mandapam in Sri Sabhanayagar Temple, Chidambaram, town and taluk,
Cuddalore District in order to have dharshan of Sri Sabhanayagar with reduced space
and on the basis of the order issued on 20.04.2022, directing to consider Covid-19,
current scenario and other considerations with regard to permitting devotees with the
District Collector, Hindu religious and Charitable Endowments Department and the
administrators of the temple ,report has been submitted by the Cuddalore District
Collector. The Commissioner further stated that since this temple is the Akasa Sjetram
among the pancha bootha sthalams, devotees are coming from across the world and the
principal deity of this temple is also the urhava murthi of this temple is a special feature
and the kanaka sabha (ponnambalam) is situated at slight left portion like the heart of a
human body, the steps before the idol are called Panchatchara Padigal and they denotes
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2026:MHC:4389
Sivamandra of Namasivaya, and the pillars upper planks, cross boards, the tiles placed
on the top, the nails used and the structure of Arthamandapa denote the breathing and
blood vessels and movements of the body and these are related to agamas and sastras
and the temple's greatness has been mentioned by the District Collector.
2.Further the Commissioner has stated that in his report the District Collector has stated
that it was the practice in vogue for devotees to be allowed in the Kanakasabai
Mandapam and from there they could have dharshan of Sri Sabhanayagar and the
adjacent Chidambaram Rahasyam and due to Covid-19 pandemic, according to the
guidelines issued by Government to admit devotees inside temples receiving pooja
articles from devotees, being seated and having dharashan, touching the idols and doing
angapratakshina were avoided and devotees were allowed in the temple environs with
social distancing to have dharshan and now as the pandemic has come down
substantially and the restrictions imposed were removed and earlier forms of worship
are being continued. (In this juncture) The administrators of Chidambaram Sri
Sabhanayagar Temple passed resolution to prohibit devotees from climbing atop Kanaka
Sabhai and have dharshan and huge objections were made by devotees and agitations
were carried out by various organisations, a criminal case has been filed regarding
conduct of Dikshitars towards devotees and though the Chidambaram Divisional
Revenue Officer held talks the Dikshitars do not admit devotees.
3. Further, the Commissioner has stated that on the basis of the report submitted after the
enquiry was undertaken by the Revenue Divisional Officer, Chidambaram and the
Assistant Commissioner, Hindu Religious and Charitable Endowments Department and
as per the judgment of the Hon'ble Madras High Court, it has been recommended by the
District Collector to follow agama rules and permit the devotees as per the practice that
was in place before Covid-19. The Commissioner has recommended to the Government
that accepting the recommendation of the District Collector and following the ancient
custom and practice of the temple and accepting the requests of the devotees, orders
may be passed permitting the devotees to climb up to the Kanakasabai and worship.
Government carefully scrutinized the suggestion of the Commissioner of Hindu
Religious and Charitable Endowments Department. After scrutiny, Government issues
order permitting that as per ancient custom and practice in Sri Sabhanayagar (Nataraja)
Temple, Chidambaram Town and Taluk, Cuddalore District and considering the requests
made by the devotees for devotees to climb up Kanakasabai and worship.
4. Government carefully scrutinized the suggestion of the Commissioner of Hindu
Religious and Charitable Endowments Department. After scrutiny, Government
issues order permitting devotees to climb up kanakasabai and worship as per ancient
custom and practice in Sri Sabhanayagar (Nataraja) Temple, Chidambaram Town and
Taluk, Cuddalore District and considering the requests made by the devotees.
(By order of the Governor)
Chandra Mohan, B,
Principal Secretary to Government.”
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12. The challenge to the above Government Order is primarily on the ground that the
Government has no jurisdiction to issue impugned Government Order and the first
respondent, namely, Principal Secretary, Tourism, Culture and Religious Endowments
Department, have no authority under the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 (in short “the HR and CE Act”) to issue an executive order touching
upon the manner in which, the devotees are to be permitted to climb the Kanagasabai and
worship Sri Sabanayagar. The Executive Order intrudes into the rights guaranteed under
Article 26 of the Constitution of India to manage religious affairs. The Executive Order is
also arbitrary and unworkable.
13. The vires of the Government Order is questioned on the ground that it interferes
with the fundamental right of the Podhu Dikshitars to administer the temple. In
Dr.Subramanian Swamy v. State of Tamil Nadu, reported in [(2014)5 SCC 75] , the Hon’ble
Supreme Court of India has held that the Podhu Dikshitars, as a religious denomination, are
entitled to manage the affairs of the temple, as guaranteed under Article 26 of the
Constitution of India. Though the Sri Sabanayagar Temple at Chidambaram is a public
temple, the administration of the religious activities inside the temple is exclusively within
the domain of the Podhu Dikshitars. A right, which has been exercised time immemorial
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2026:MHC:4389
and protected by the Courts for at least more than 200 years, whenever there was
interference from external force.
14. The impugned order pertaining to worship of the devotees from the area known
as the Kanagasabai in the temple directly infringes upon the right of the Podhu Dikshitars to
administer the religious affairs of the temple. The Kanagasabai, which is an important
‘Pooja Execution Site’ of the Chidambaram Nataraja Temple, is an elevated structure with
Panchakshara Padi (Five steps-Each one represent five Aksharam:Na-ma-si-va-ya), leading
to the sanctum of the principal deity of the temple, Sri Nataraja and his consort, Sri
Sivakami Ammal. The Abisekham and Poojas to the deities inside the Kanagasabai is
performed as per the unique tradition of the priests serving in the temple. ‘Panchakshara
Padi’ occupies a small area in the Kanagasabai ( fdf rig ) , where the deity is located, for
which Pooja and Abisekham are conducted six-times a day (Arukaala Poojai). During
the Arukaala Poojai, the Spadika Lingam known as “Sri Chandramouliswarar” kept in a
sacred box, is brought down to the Kanagasabai by the Podhu Dikshitars during each of
the Kaala Pooja and Abhisekham to the Lingam are performed. The devotees are always
permitted to have darshan of the Kanagasabai, during intervals of the Kaala poojas. They
are not permitted to carry out Archana at Kanagasabai which is a small area of 2 feet x
10 feet.
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15. In view of COVID-19 pandemic and the restrictions imposed by the Government
regarding gatherings in the temples and other places to ensure social distancing, entry to
Kanagasabai was restricted to all the devotees without discrimination . However, darshan
for all the devotees without climbing the steps was ensured. During pandemic, there was
a phenomenal increase in the number of devotees visiting the temple. Certain regulations
were imposed, which constituted restriction on the general public and prohibited public
entry into the temple.
16.The writ petition No.9447 of 2022 filed seeking Writ of Mandamus to direct the
District Collector, Cuddalore District, to take appropriate actions by allowing all the general
public devotees on the Kanagasabai. Entry to Kanagasabai was sought in order to have a
customary practice of close darshan from 2-3 meters distance in the Sabanayagar Temple.
The Division Bench of this Court has disposed of the said writ Petition No.9447 of 2022,
dated 20.04.2022, with the following directions:-
“3.In view of the statement aforesaid, the direction to the
respondents 1 to 3 to allow the Darshan of the deity from the
distance of 2/3 meters, cannot be issued by this Court, rather it is
upto the respondents 1 to 3 to take appropriate decision in the matter.
The decision therein would be taken after taking care of Covid-19
pandemic situation and taking care of all other aspects.
4. With the above observations, the writ petition is disposed
of. There shall be no order as to costs.”
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17. Referring to the above order of the High Court, the impugned Government Order
in G.O.(Ms)No.115, Tourism, Culture and Religious Endowments Department, dated
17.05.2022, was passed exercising the executive power conferred under Article 161 of
Constitution of India in violation of the constitutional rights under Article 26 of the
Constitution of India conferred on the Podhu Dikshitars, under the guise to resolve the
issue. The impugned G.O. is an attempt to take–over the temple indirectly.
18. In contra, the learned counsels for some of the intervening/impleading petitioners
and the learned Special Government Pleader for HR and CE Department, submitted that
during Pandemic, under the guise of COVID-19, the general public were not allowed to
climb the Kanagasabai to have darshan of Lord Sabanayagar. Nonetheless affluent
devotees were allowed to climb the steps Kanagasabai and have darshan at all times,
including the Kaala Poojai time. No account maintained for the donations collected for the
darshan and no transparency in choosing the persons to climb the Kanagasabai to get the
close darshan of Lord Sabanayagar.
19. After considering the submissions made by the learned counsels, this Court in
order to resolve the issue, thought fit to direct the Podhu Dikshitars to come out with a
scheme setting out the timings and method of darshan for common devotees for permitting
them to climb Kanagasabai and have darshan of Lord Sabanayagar.
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20. Though this direction was issued on 07.11.2024, in spite of several adjournments,
the Podhu Dikshitars did not come forward to provide a scheme to settle the dispute
amicably. At last, on 20.02.2025 an affidavit was filed by one Venkatesa Dikshitar,
Secretary of the Podhu Dikshitar in respect of the proposal to regulate the devotees to climb
the Kanagasabai and have darshan. Based on this affidavit, the following order was passed
suggesting how the entry to the Kanagasabai could be regulated for the purpose of
permitting more number of devotees to have darshan of Lord Shiva from Kanagasabai
during Non-Kaala Pooja time.
“Heard Mr.Harishankar, learned counsel appearing for Podhu
Deekshitars, Mr.N.R.R.Arun Natrajan, learned Special Government
Pleader appearing for the HR & CE Department and Mr.Krishna
Bhagavat, learned counsel appearing for Heritage Conservation Society.
2. With regard to the order that has been passed on 19.12.2024,
giving directions to the Podhu Deekshitars to file a report on two aspects
on behalf of Podhu Deekshitars, the Secretary of Podhu Deekshitars one
Mr.Venkatesa Deekshitar, S/o.Mr.UR.Umanath Deekshitar, has filed an
affidavit dated 30.01.2025. In the said affidavit, the Podhu Deekshitars
have stated that it is not the stand of the Deekshitars that devotees would
not be permitted to have Kanagasabai darshan of Lord Shiva. According
to them, during kaala pooja times, the devotees are not permitted to have
darshan form Kanagasabai. However, during non-kaala pooja times, such
permission would be given to every devotee, including the ordinary
devotee, who can have darshan from Kanagasabai.
3. However, since there is only one entry to Kanagasabai on the
western side, which is a narrow one, very few people can go to
Kanagasabai at a time and that is the same entry to return back, other
devotees cannot go inside. Therefore, many number of devotees are not
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benefited to have darshan from Kanagasabai, during the time, when they
are permitted.
4. It is the further contention of Podhu Deekshitars as stated in the
affidavit that, apart from the festival season, on ordinary days, averagely,
5,000 to 10,000 devotees are visiting the temple. This many number of
devotees who visit the temple everyday, whether can have darshan of Lord
Shiva from Kanagasabai within the stipulated time, is a question to be
explored.
5. In this context, Mr.Harishankar, learned counsel appearing for
Podhu Deekshitars would contend that, in order to facilitate for more
devotees, it is proposed to have one more entry to Kanagasabai, so that
one entry can be used for entry and another for exit, which make easy the
task of permitting more number of devotees to have darshan from
Kanagasabai. Therefore, in order to explore the possibility and feasibility
of providing a ramp on the front side of Kanagasabai to open an entry for
either entry or exit of the devotees on the Kanagasabai, they are in
consultation with the Engineers and Architects and they hope that within a
period of two or three weeks, they will come out with a definite sketch as
to how such a facility of providing a ramp would be made possible and
after the issue is deliberated, the making of two entry for the purpose of
entry and exit to Kanagasabai can easily be sorted out, he contended.
6. However, Mr.NRR.Arun Natrajan, learned Special Government
Pleader would contend by relying upon the old literature published in the
year 1958 called "Thillai Sthala Puranam". It is pointed out that the
darshan at Sabanayakar Temple is nothing but Darshan of a devotee of
Lord Shiva from Kanagasabai. Therefore, this is the system which had
been followed for several hundreds of years, even till 2020.
7. Only during Covid-19 situation, since the darshan of devotees of
all temples, including Sabanayakar Temple, Chidambaram, were stopped,
subsequently, after the revival of darshan, after completion of Covid-19
period, the Podhu Deekshitars had not permitted the devotees for darshan,
which made several devotees to make representations. Therefore, the
Government have come forward to issue Government Order permitting
the devotees to have darshan of Lord Shiva at Sabanayakar Temple from
Kanagasabai.
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8. Therefore, the learned Special Government Pleader would
submit that at least as a trial and error method, the eastern side entry also
can be opened for devotees to have entry into Kanagasabai and after
darshan, they can have exit from western side or vice versa.
9. We have heard the said submissions made by the learned
counsel for the parties and have perused the materials placed before this
Court, especially, the affidvait dated 30.01.2025 filed by Podhu
Deekshitars.
10. It is not the case of Podhu Deekshitars that Kanagasabai entry
to the devotees had been stopped. It is the contention of the learned
counsel for Podhu Deekshitars that, devotees are permitted to have
darshan from Kanagasabai during non-kaala pooja times and in this
regard, a chart has been filed in the affidavit, where it shows that, from
06.00 a.m. to 10.00 p.m., except the timing between 12.00 noon and 04.45
p.m., where the temple was closed, the remaining period running of 11
hours 15 minutes, the kaala pooja and the paal abhishekam and other
poojas would take 8 hours. Therefore, the remaining 3 hours 15 minutes
alone is available as non-kaala pooja time or nonperformance of pooja or
rituals. When that being so, in that 3 hours 15 minutes, every devotee who
come to Sabanayakar Temple can be permitted to go to Kanagasabai to
have darshan, provided, because of the space crunch, many number of
devotees could not be permitted.
11. In order to resolve this issue to the extent possible, enabling the
maximum number of devotees who come to Sabanayakar Temple
everyday to have darshan of Lord Shiva from Kanagasabai, we feel that
instead of having one entry and exit i.e., the same entry is used as exit
also, one more entry if it is opened, from one entry the devotees can enter
into Kanagasabai and after having quick darshan of Lord Shiva, they can
be permitted to take exit in the other entry.
12. In order to make these facilities as proposed by the Podhu
Deekshitars, they wanted to make a ramp in consultation with the
Engineers and Architects and for completion of the said task and to file a
report to that effect, as to how they are going to make the ramp in order to
have additional entry as discussed herein above, they need the maximum
period of three weeks as stated by Mr.Harishankar, learned counsel
appearing for Podhu Deekshitars.
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13. Recording the said submissions, we direct the Podhu
Deekshitars to comply their commitment as discussed herein above, to
make a ramp or any alternative arrangement to have another entry for the
purpose of permitting more number of devotees for having darshan of
Lord Shiva from Kanagasabai during non-kaala pooja times. In this
regard, let them come out with a clear sketch, estimate and proposal and
file the same before this Court on or before the next hearing date i.e.,
06.03.2025.
14. Post these matters on 06.03.2025 at 02.15 p.m. It is open to the
HR & CE Department to file their views or report on the aforestated
issue.”
21. Following the above-said direction, which was issued on a trial basis, a
subsequent order was passed on 31.07.2025, which reads as below:
“Pursuant to our earlier orders, especially our last order dated
24.07.2025, when these matters are taken up for hearing today, the
petitioner in W.P.No.36022 of 2023, that is the Secretary of the Podhu
Dikshitars, Sri Sabanayagar Temple, Chidambaram, has filed an
affidavit dated 30.07.2025.
2.1. We have gone through the affidavit, where, inter alia , it has been
stated that, the Podhu Dikshitars Committee had a series of meetings in
the month of March, 2025, of course, pursuant to the earlier interim
orders passed by this Court in order to find out a scheme or a solution
to permit as many number of devotees coming to the Sabanayagar
Temple to have a glimpse of Lord Shiva from the Kanaga Sabai.
2.2. Out of these meetings and deliberations, though three proposals
have been mooted, two such proposals have been rejected by majority
of the Committee Members and the last one was approved unanimously
according to the said affidavit.
3. Referring to the said contents of the affidavit, Mr.C.S.Vaidyanathan ,
learned Senior Counsel appearing for the Podhu Dikshitars, would
contend that as per the scheme, which has been ultimately adopted in
the meeting of the Podhu Deekshitars Committee, the western gate or
the western entry of the Kanaga Sabai in the Temple would be utilized
both for ingress and egress simultaneously and accordingly, temporary
arrangements have been made by tying a rope, making an entry into
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two divisions, as through one division, devotees could take entry into
the Kanaga Sabai and in the other division, devotees, after having
dharshan, would come out. This scheme, according to the learned
Senior Counsel, has been implemented from the end of March, 2025,
and for the past more than three months, this has been successfully
going on.
4.1. A copy of this affidavit, having been served upon the State of
Tamil Nadu, that is the Hindu Religious & Charitable Endowments
[HR & CE] Department, representing the HR & CE Department,
Mr.NRR.Arun Natarajan , learned Special Government Pleader, having
gone through the contents of the affidavit, would submit that, the
scheme that has been projected in the affidavit is not a complete answer
to the issue raised in this lis or it cannot be treated as an alternate to the
Government Order, which is impugned herein.
4.2. He would also submit that, even though it was claimed that many
number of devotees are permitted under the present system of
permitting ingress and egress through the western gate to the Kanaga
Sabai, practically, it may not be possible to permit more number of
devotees in one gate of entry.
4.3. He would also submit that, nowhere in the Temple premises, as
suggested through photographs filed on behalf of the Podhu Dikshitars,
it has been displayed that, through the western gate of the Kanaga
Sabai, the entry and exit are permitted to the general devotees for all
the time during the non-kaala pooja. Therefore, these kinds of
objections, since have been raised by the learned Special Government
Pleader, and in this context, in order to contest the same, he wants to
verify the claim that has been made by the Podhu Dikshitars through
the affidavit dated 30.07.2025.
5. We, after having considered the submissions made by the learned
counsel appearing for both sides, are of the view that, the HR & CE
Department, Government of Tamil Nadu, can be permitted to have a
visit/inspection only for the limited purpose of verifying whether the
claims made by the Podhu Dikshitars through the affidavit dated
30.07.2025 with regard to the implementation of the scheme under
which both ingress and egress are simultaneously permitted at the
western side of Kanaga Sabai at the Temple, is being worked out or
whether large number of devotees are benefited under the scheme or
still the devotees are facing any hurdles in having dharshan of Lord
Shiva from the Kanaga Sabai. In order to ascertain all these factors and
to file a report or objections, if any, by the HR & CE Department, they
can be permitted to have such a visit/inspection.
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6. For the aforesaid purpose, we do feel that the Commissioner of HR
& CE Department, Government of Tamil Nadu, can be permitted to
constitute a team of officials to have such a visit and inspection on a
week day, on a weekend day and on a festive day and to file such a
report. In this context, the learned Special Government Pleader wants
three weeks' time to complete the task and file a report and the learned
Senior Counsel appearing for the Podhu Dikshitars also has no serious
objections in permitting the HR & CE Department to do the limited
exercise and he has also requested that the case can be heard after three
weeks.
7. Considering the submissions made by the learned counsel appearing
for both sides and having regard to the aforesaid facts and
circumstances, we are inclined to pass the following orders:-
7.1. That the HR & CE Department, Government of Tamil Nadu,
through its Commissioner, can form a team of Members to visit/inspect
Sri Sabanayagar Temple, Chidambaram, only for the limited purpose as
discussed above on any three days, out of which, one shall be an
ordinary day, one shall be a weekend day and one shall be a festive
day;
7.2. If the learned Special Government Pleader wants to accompany the
team, he can do so; and
7.3. After completing the aforesaid exercise, a report shall be filed by
the HR & CE Department before this Court on or before 20.08.2025,
by giving a copy of such a report to the petitioners' side.
8. Post these matters for further hearing on 21.08.2025.”
22. On 11.09.2025, a request was made on behalf of the Podhu Dikshitars to file an
additional affidavit to clarify, who are all the persons allowed to climb the steps to have
darshan at Kanagasabai. Accordingly an affidavit has been filed by the Secretary, Podhu
Dikshitars on 09.10.2025 which reads as below:- .
“12.I state that the petitioner continues to allow
simultaneous ingress and egress of the devotees from the West Entrance
of the Kanaka Sabha during the interim period between Kaala Poojas.
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The said arrangement has been successfully implemented and has gained
the appreciation and goodwill of the devotees. The petitioner states that
the said arrangement shall continue in the welfare and interest of the
devotees. I state that the above arrangement will, however, be subject to
reasonable exceptions such as an auspicious days, special events, and
such other extraneous circumstances at the Temple when the inflow of
devotees increases mainfold, in which case temporary modifications will
be made to ensure safety and smooth administration. I respectfully state
that for the sake of maintaining harmony with the established
Government protocols, first preference in such arrangements shall be
given to named VIP’s and Constitutional Authorities whenever they visit
the temple. The categories of such persons, inter alia, shall include:
(a)The Hon’ble President of India, the Vice President of
India and the Prime Minister of India;
(b)The Hon’ble Chief Justice of India, Judges of the
Supreme Court and Union Ministers;
(c)Governors of States and Chief Ministers of States.
(d)Judges of the High Courts and the Ministers of the State
of Tamil Nadu.
(e)Members of Parliament and Members of the Legislative
Assembly of Tamil Nadu.”
23.This Court, vide order dated 16.10.2025, directed the learned counsel appearing
for the Podhu Dikshitars to file an affidavit clarifying what the Navadwaram darshan at the
Sri Kanagasabai Temple which is referred at paragraph 6 in the affidavit dated 09/09/2025
filed by the Secretary, Podhu Dikshitars.
24. Insofar as the right of darshan at Kanagasabai by the public is concerned, the
Affidavit dated 12.10.2026 filed by the Secretary of the Podhu Dikshitars, Sri Sabanayagar
Temple, Chidambaram, states that the General Body Meeting of the Podhu Dikshitars was
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convened on 16.09.2026, where the agenda to review the arrangements presently in the
place for the darshan of Lord Nataraja from the Kanagasabai was discussed and it was
resolved unanimously by the General Body of Podhu Dikshitars as below:-
“(a)That the devotees shall be permitted to ascend the Kanaka
Sabha for the dharshan of Lord Nataraja, as per the existing practice,
in the interim period between the Kaala poojas that take place six
times in a day at the Temple (Aaru kaala pooja);
(b)that whereas previously up to 1,500 devotees were able to
avail dharshan from the Kanaka Sabha in a day, the staff of the
Temple,including such additional staff as may be engaged, shall
regulate and organise the arrangements so that up to 3,000 devotees
in a day may be able to avail dharshan from the Kanaka Sabha in a
swift and orderly manner;
(c)That a decision acceptable to all the members of the
petitioner shall be arrived at shortly on the manner of announcing the
procedure for dharshan at the temple to the public,whether through a
website or through printed notices and advertisements in print media;
(d)That the schedule of the timings of the kaala poojas and the
timings for dharshan from the Kanaka Sabha shall be displayed on
notice boards placed in the prakarams of the Temple, at places
conspicuous to and accessible by the public.”
(B) Constructions inside the Temple damaging its Heritage Character:
25. Apart from the issue of permitting the general public to climb the Kanagasabai
and have darshan of the deity, the issue regarding damages to the temple and unauthorized
construction inside the ancient temple examined by this Court in depth since, this is even
more vital issue, which affects the rich heritage and pride of the country.
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26. Consequence to the directions issued by the Division Bench of this Court in
Suo motu W.P.No.574 of 2015, the Heritage Commission consisting of following
Members under the Chairman ship of Dr.M.Nambirajan was constituted vide order dated
16.07.2026.
1. Dr.M.Nambirajan Chairman
2. Secretary to Government, Commercial Taxes Registration
and Religious Endowments Department
Member
Ex-officio
3. Secretary to Government, Housing and Urban
Development Department
Member
Ex-officio
4. Secretary to Government Municipal Administration and
Water Supply Department
Member
Ex-officio
5. Secretary to Government, Rural Development and
Panchayat Raj Department
Member
Ex-officio
6. Secretary to Government, Law Department Member
Ex-officio
7. Commissioner of Museum, Chennai. Member
Ex-officio
8. Superintending Archaeologist, Archaeological Survey of
India, Chennai Circle.
Member
Ex-officio
9. Commissioner of Archaeology Chennai Member
Ex-officio
10. Dean, School of Architecture and Planning, Anna
Member
Ex-officio
11. Director, Department of Environment and Climate
Change, Chennai.
University, Chennai.
Member
Ex-officio
12. Superintending Engineer(Heritage Building Circle) Public
Member
Ex-officio
13. Chief Architect, Public Works Department, Chennai. Member
Ex-officio
14. Commissioner, Hindu Religious and Charitable
Works Department, Chennai
Member
Ex-officio
Endowments Department, Chennai.
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27. Even before constituting the Heritage Commission, this Court on being shocked
by the photographs placed before it to demonstrate, how the ancient temple structure has
been indiscriminately damaged by putting up modern structures, vide, order dated
31.07.2025 directed the then Heritage Committee to inspect the temple and file a report.
Accordingly, the Heritage Committee filed its report on 18/08/2025. That apart, a single
Members Inspection Report (by Mr.C.Kanagaraj, Advocate) which forms part of the case
record. However, a very strong objections to these reports were raised and objections were
filed on behalf of the Podhu Dikshitars claiming these reports as tainted and bias. To say the
least, if these reports are even partially true, immediate steps are required to stop the
perpetration of destroying the ancient structure and no further time can be wasted.
28. Hence, in view of the conflicting projection of facts, we directed the Heritage
Commission duly constituted by the Government under Heritage Commission Act 2012 to
inspect the temple and file its report. Accordingly, the Heritage Commission after inspecting
the temple on 11/08/2026 has observed the following constructions made in the heritage
structure without making any structural impact assessment:-
“1.A per-existing building functioning as a Community
Hall, situated in proximity to the East Rajagopuram, has been renovated
with slightly increased dimensions and a modified design. The impact of
this alteration on the historic setting of the Rajagopuram should be
carefully assessed.
2. New rooms have been constructed on the inner side of
the Thirumathil (temple enclosure wall), to the left of the East
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Rajagopuram. Such additions within the historic precinct should be
reviewed with regard to their visual, spatial and structural impact on the
enclosure wall and the historic setting of the Rajagopuram.
3. A new office for the Secretary of the Podhu Dikshitars
has been constructed using similar stones on the right side of the passage
leading to the Nataraja Shrine.
4. The existing brick walls between the ancient stone
pillars on either side of the passage leading to the Nataraja Shrine have
been removed, and rooms have subsequently been constructed between
the old stone pillars using cut stone. The intervention has altered the
historic spatial character and visual continuity of the original
mandapa/passage and should be reviewed from a conservation
perspective.
5. Concrete pillars have been erected on both sides of the
interior stone bases of the West Rajagopuram and South Rajagopuram. It
was informed that these pillars were introduced as a protective measure
on account of the perceived structural weakness of the walls and roof.
The Commission is of the view that such structural interventions should
be preceded by a detailed investigation, including assessment of the
existing structural condition, causes of deterioration, load bearing
capacity, foundation behaviour and the extent of any distress. The
necessity and adequacy of the existing concrete interventions should
accordingly be evaluated. It was further observed that a few ancient
inscriptions and sculptures are presently obscured by these interventions.
Their visibility and accessibility should be restored through appropriate
conservation measures. Therefore, it is suggested that The Podhu
Dikshitars, in coordination with HR&CE, may undertake the required
technical and conservation assessment with the assistance of appropriate
experts from the Archaeological Survey of India, IIT Madras and other
competent specialist institutions.
6. A new brick shrine structure has been constructed
within the Devakoshta at the first level. The intervention should be
reviewed to ensure that it does not obscure, damage or compromise the
original architectural and sculptural elements.
7. A large concrete front mandapa and a Kanda Sashti
Mandapa, constructed with sheet roofing, have been erected near the
West Rajagopuram in the Third Prakara. The scale, materials and visual
character of these additions are not compatible with the historic
architectural character of the Temple precinct and should be appropriately
reviewed.
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8. A large RCC elephant mandapa has been newly
constructed adjoining the Thirumathil in the north-eastern portion of the
fourth Prakara. Its impact on the historic enclosure wall, visual setting
and overall character of the precinct needs to be assessed.
9. Photographs of murals have been fixed over the original
paintings on the stone ceiling surrounding the sactum of Arulmigu
Sabanayagar Thiruchitrambalam, thereby concealing the original
paintings. The photographs should be removed carefully, and the original
paintings should be documented and conserved through appropriate
scientific methods.
10. Red and white colour paintings have been applied
along the joints between the stone courses in the sanctum area. Such
applications are inappropriate for historic stone masonry unless supported
by conservation requirements and may adversely affect the historic stone
fabric. Experts may be consulted to remove the paint carefully.
11. Paint has also been applied over the inscriptions on
either side of the western entrance of the Second Prakara, thereby
obscuring inscriptions of historical significance. The paint should be
removed using appropriate methods under the supervision of qualified
specialists, without damaging the inscription-bearing stone surfaces.
12. Paint has also been applied over ancient stone
structures at several locations within the Temple complex, including the
Urdhva Tandavamurti Shrine. Such paint applications should be removed
using appropriate conservation techniques, subject to prior testing, so as
to expose and preserve the original stone surface.
13. Near the flagstaff of the Sabanayagar Shrine, a new
platform has been constructed around the ancient stone pillar bearing
sculptures of Kalasamharamurti and Somaskandamurti, with modern tiles
laid over the platform. This intervention adversely affects the original
character and artistic integrity of the sculptured pillar. The modern tiled
platform should be removed, subject to a suitable conservation
assessment, and the area restored to an appropriate finish compatible with
the original cut-stone character.
14. A concrete roof has been constructed as a connecting
structure between the Nritya Sabha of the Urdhva Tandavamurti Shrine
and the mandapa in the Second Prakara. The intervention should be
reviewed with regard to its impact on the historic architectural fabric and
visual character of the intervening spaces.
15. A new metal sheet-roofed shed has been erected
adjoining the Durga Amman Shrine. Its necessity, location and visual
impact on the historic shrine should be reviewed.
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16. The ancient prakara mandapa of the Mukkurni
Vinayagar Shrine has been extended using new stone pillars and a new
roofing system. This intervention has altered the heritage architectural
character and historic proportions of the original mandapa. Any further
alteration should be avoided, and the existing intervention should be
reviewed from the standpoint of architectural conservation.
17. The stone mandapa in front of the Pandiyanayagam
(Arulmigu Murugan) Shrine was completely dismantled, and the stone
pillars were re-erected during 2015-2016. Subsequently, new
construction was completed in 2017. The intervention has resulted in
substantial alteration of the historic fabric. The available documentation
relating to the dismantling, storage, re-erection and reconstruction should
be examined, and the present condition and authenticity of the
reassembled mandapa should be assessed.
18. In front of the Navalingam Shrine, the earlier tiled roof
was replaced with a stone mandapa. The intervention should be reviewed
in relation to the original architectural character and available historical
evidence.
19. Colour wash has been applied to the stone pillars of
the First Prakara Mandapa. In addition, a stainless-steel grill has been
provided in the upper portion of the First Prakara Mandapa. The colour
wash should be examined and, where inappropriate, removed through
suitable conservation methods. The necessity and visual impact of the
stainless-steel grill should also be reviewed.
20. Stone walls have been constructed between the
existing stone pillars of the Utsava Yagasala Mandapa. Further, the
original floor level of the mandapa has been raised by approximately two
feet, over which Kadappa stone flooring has been laid.
The intervention has altered the original spatial proportions, floor level
and architectural character of the historic mandapa. The structural and
conservation implications of the raised floor level, including its impact
on the historic stone pillars and drainage, should be assessed.
21. A new Dakshinamurti Shrine has been constructed
adjoining the Bali Peedam. The location and design of the new shrine
should be reviewed in relation to the historic spatial organisation of the
precinct.
22. Modern paintings have been executed on the ceiling of
the front mandapa of the Arulmigu Sivakami Amman Shrine. Such new
painting should not be undertaken over historic surfaces without prior
conservation approval and documentation.
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23. The Nayaka/Matatha paintings on the ceiling of the
front mandapa of the Arulmigu Sivakami Amman Shrine in the Third
Prakara are deteriorating due to inadequate conservation and
maintenance.
These historic mural paintings require scientific documentation,
condition assessment and conservation by qualified mural-conservation
specialists. Further repainting, over painting or application of
incompatible materials should be strictly avoided.
24. A concrete mandapa has been constructed in front of
the Bhairavar Shrine. In addition, a sheet-roofed shed has been erected
near the Thousand-Pillared Mandapa. Rainwater from this shed falls onto
the Thirumaligaipathi Mandapa, creating a risk of dampness and
deterioration.
An appropriate rainwater collection and disposal system should be
provided so that water is effectively diverted away from the historic
mandapa and its foundations.
25. A new concrete connecting mandapa has been
constructed from the front mandapa of the Thousand-Pillared Mandapa
up to the eastern entrance. The intervention should be reviewed with
regard to its impact on the historic circulation pattern, architectural
setting and visual character of the precinct.
26. A temporary shed has been erected adjoining the
enclosure wall on the right side of the Fourth Prakara and is presently
being used as a Gosala. The location and continued use of the structure
should be reviewed in relation to sanitation, moisture, drainage and the
protection of the historic enclosure wall.
27. Another temporary shed has been erected near the East
and South Rajagopurams in the Fourth Prakara and is being used as an
Annadhanam Mandapa. The structure should be reviewed with regard to
its impact on the historic setting of the Rajagopurams and the
surrounding heritage fabric.
28. A new stone structure for Muneeswarar has been
erected in front of the North Rajagopuram in the Fourth Prakara. This
structure obscures the Devakoshta sculptures.
The obstruction should be removed or suitably modified so that the
historic Devakoshta sculptures remain fully visible and accessible for
inspection and conservation.
29. Mexican grass has been laid within the Temple
premises. The provision of landscaped open areas is a positive initiative;
however, the retention of water associated with lawn areas may adversely
affect the foundations and lower portions of the enclosure wall. A clear
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strip of at least one metre should therefore be maintained along the
enclosure wall. It is also recommended that a locally available
appropriate grass variety be used instead of Mexican grass, which is alien
to the historic ambience and landscape character of the Temple.
30. A few Kattalai rooms have been constructed between
the stone pillars of the First Prakara Mandapa. Such constructions alter
the openness and spatial character of the historic mandapa and should be
reviewed from the standpoint of conservation.
31. Approximately 50 Kattalai rooms have been
constructed using brick masonry in the Second Prakara. The cumulative
impact of these additions on the historic spatial organization, ventilation,
visual character and architectural integrity of the Prakara should be
assessed.
32. Most of the above-mentioned constructions and
alterations appear to have been undertaken during approximately the last
ten years.
33. The Podhu Dikshitars were informed that no
construction, alteration, renovation or development work shall be
undertaken without obtaining the requisite approval of the Tamil Nadu
Heritage Commission, in accordance with the Tamil Nadu Heritage
Commission Act, 2012, and the directions/orders of the Hon'ble High
Court of Madras.
34. Kattalai rooms have been constructed around the
Devasabha Mandapa in the Second Prakara, including between its
original stone pillars. These additions have affected the openness, spatial
character and architectural integrity of the historic mandapa and require
appropriate review.
35. Near the Madapalli in the southern portion of the
Second Prakara, Kattalai rooms have been constructed by erecting brick
partition walls between the existing stone pillars. The intervention has
altered the historic spatial character of the mandapa. Date of construction
of these rooms are not given to us.
36. In the northern portion of the Second Prakara, on the
right and left sides facing each other, Kattalai rooms have been
constructed by providing brick partition walls between the stone pillars.
These interventions should be reviewed with the objective of
safeguarding the original stone architecture and spatial character.
37. A structural expert should examine the possible impact
of the bore-well and overhead water tank located near the West
Rajagopuram on the foundations and structural stability of the
Rajagopuram. The assessment should include consideration, of
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groundwater conditions, water seepage, foundation behaviour, loading
and any possible structural distress.
38. An entrance in the southern enclosure wall of the Third
Prakara, near the Nritta Sabha, has been closed by constructing a brick
wall. The intervention should be documented and assessed in relation to
the original circulation pattern and architectural character of the
enclosure.
39. Paint has been applied to the stone pillars in the front
mandapa of the Thousand-Pillared Mandapam in the Third Prakara,
thereby obscuring the natural stone surface and architectural character of
the pillars. The paint should be examined and, where appropriate,
removed using conservation-compatible methods after suitable testing.
40. Concrete pillars have been erected adjacent to the
ancient stone pillars in the front mandapa of the Thousand-Pillared
Mandapam in the Third Prakara, and a concrete roof slab has been
constructed over them. The structural necessity and impact of these
additions on the historic stone mandapam should be assessed by a
qualified structural and conservation team.
41. It was emphasized that necessary measures should be
undertaken for the scientific preservation of the ancient mural paintings
in the front mandapa of the Sivakami Amman Shrine. A detailed
condition assessment, documentation and conservation plan should be
prepared by qualified mural-conservation specialists.
42. The roof from which rainwater falls on the
thirumaligaipathi mandapa may result in seepage and consequent
deterioration of the historic fabric. An appropriate system for collecting
and safely disposing of rainwater should therefore be provided.
43. The new structures erected in and around the
Rajagopurams, which obscure the Devakoshta sculptures, should be
appropriately examined. Necessary measures should be undertaken to
ensure that the sculptures are not concealed and that their architectural
and visual context is preserved.
29. In response to the report of the Heritage Commission, the following
objections/suggestions were made by the Podhu Dikshitars in the affidavit f iled through its
Secretary. From this affidavit, we find, though the Podhu Dikshitars admit inappropriate
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constructions put up inside the ancient temple damaging the heritage structure, they have
expressed a strong reservations and apprehension regarding the suggestions given by the
Heritage Commission to carry out the conservation and maintenance work with the
involvement of HR and CE department. They contended that introducing the HR and CE
Department into the administration, management and affairs of the temple will be a
colourable device to overarch the judgment of the Hon’ble Supreme Court of India in the
case of Dr.Subramanian Swamy v. State of Tamil Nadu and others, dated 06.01.2014.
30. To ensure the implementation of the recommendations made by the Heritage
Commission in a structured, transparent and expert manner, the Podhu Dikshitars have
come out with proposal that an Independent Committee for the temple may be
constituted consisting of:
(a)A Retired Judge of the Madras High Court;
(b)An expert in temple heritage experienced in the structural assessment of
historic masonry and stone structures, or a conservation architect having
established standing;
(c)A Sthapathi experienced in the sculpture and Shilpa Shastra traditions
(d)A historian with recognised expertise in the history, epigraphy and
architectural evolution of the ancient temples; and
(e)The said Committee would act as an interface between the Pothu Dikshitars
and the Commission.
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(C) Auditing of Accounts/ securing the Movables and Immovable of the temple:
31. In W.P.No.30639 of 2017 filed by A.Radhakrishnan to secure and safeguard the
property owned by Sabanayagar Temple, this Court, vide, order dated 02.09.2024 directed
the HR and CE Department and the District Collector to conduct enquiry and take
immediate steps to resume the entire properties owned by Sabanayagar Temple,
Chidambaram, Cuddalore District and such exercise shall be completed within a period of
12 weeks from the date of receipt of a copy that order.
32. The said directions were not complied and it has invited few more miscellaneous
petitions by others for the same relief. Particularly, the Heritage Conservation Society
represented by its Secretary, Sri Kumar had elucidated data regarding properties of the
Sabanayagar Temple and its current status through RTI. He had also got himself impleaded
in the suo motu Writ Petition No.574 of 2015 to espouse the cause of preserving the temple
structure and its properties. In one of his petitions, he had sought for a direction by this
court to CAG to perform an audit as per the direction of the Court issued in W.P.No.574 of
2015.
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33. Yet another miscellaneous petition was filed by one M.N.Radhakrishnan of
Chidambaram Town for direction to the Podhu Dikshitars to submit the audited accounts of
the Arulmigu Sabanayagar Temple.
34. As per G.O(Ms) No: 345, CT & RE Department, dated 09.03.1976, the
administration of the land and Kattalais of the temple is invested with the Special Thasildar
(Temple Lands) who maintain a register regarding the collection details. In the affidavit
date 01/10/2024 filed by the Joint Commissioner (Legal), HR & CE., department it is stated
as under:-
“ 5.It is submitted that though the extent of land available in
Special Tahsildar (Temple Lands) in the year 1979 was 295.93.
Thereafter several lands have been retrieved by Special
Tahsildar(Temple Lands). At present 506.97 acres of lands are in
possession of Special Tahsildar(Temple Lands).Further, recently the
Special Tahsildar (Temple Lands) has identified and recovered 215.65
acres of lands. It will be leased out in public auction.
6.It is submitted that the lands in possession of the Special
Tahsildar (Temple Lands) has been given lease for 1221 lessees and
current annual demand is Rs.8,66,819/-.The collection of lease rents
for the past 8 years is as follows:-
S.
No.
Fasali Income derived
Fasliwise (Rs.)
1. 1425 1,96,537/-
2. 1426 3,03,130/-
3. 1427 3,73,084/-
4. 1428 5,55,721/-
5. 1429 3,55,302/-
6. 1430 1,59,616/-
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7. 1431 7,92,513/-
8. 1432 9,05,288/-
7.It is submitted that from the lease rent collected from the
above properties, the Electricity charges have been paid by the
Special Tahsildar (Temple Lands) as detailed below:-
S.
No.
Fasli Amount paid towards EB
charges for Arulmigu
Sabanayagar Temple
Chidambaram (Rs.)
1. 1425 3,58,953/-
2. 1426 2,03,009/-
3. 1427 2,80,300/-
4. 1428 3,95,707/-
5. 1429 3,40,000/-
6. 1430 2,35,000/-
7. 1431 3,12,794/-
8. 1432 5,04,000/-
8.It is submitted that as per the reports submitted by
the Inspector, HR and CE Department, Chidambaram, in the
year 1984, they are 113 kattalais. The most of the Kattalai
lands are in possession of the Kattalaidarars. They are
performing the Kattalais through the Dikshidars directly. It
was admitted by the Kattalaidarars during the enquiry by the
Special Tahsildar (Temple Lands) that theya re paying
amount to the Dikshidars directly for performance of
Kattalais.
9.It is submitted that several Kattalai lands were
illegally alienated either by the Kattalaidarars or by the
Dikshidars.
10.(a)It is submitted that most of the properties are in
the name of Kattalais and Kattalaidarars are directly paying
to the Dikshidars; but the amount received by the
Dikshidars are not properly accounted for.
(b)When the details are as such, a letter was sent by
the Special Tahsildar in his R.C.No.A/67/2023, dated
09.09.2023 to the Podhu Dikshidars with a request to send
the details regarding the Kattalaidarars and the extent of
lands which are in the hands of Kattalaidarars. However,
for this letter, the Podhu Dikshidars sent a reply dated
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2026:MHC:4389
13.09.2023; in which they had stated that W.P.No.30639 of
2017 is pending before the Hon’ble High Court, necessary
replies were sent to HR & CE Department and also in the
conclusion para of the said letter they informed that herein
after no such letters should be send to them.
(c)On verification from the Sub Register office, it is
found that in the years 1974, 1985 and 1988 there are 5
items of properties which are exclusively belonging to the
suit temple which were sold by the Podhu Dikshitars to one
Thiru.Sri Ramulu Naidu and Annamalai University
represented by its Registrar. The details are as follows:-
S.
No.
Document No./Year Extent
Sold by Sold to
(acres)/
cents)
1. Sethiya Thoppu Sub-
Registrar Office,
Volume 180/Page
451/No.117/1974
10.72 Vembu
alias
Yagzeswar
a Dikshidar
Sri Ramulu Naidu
2. Sethiya Thoppu Sub-
Registrar Office,
Volume 180/Page
451/No.118/1974
1.73 Vembu
alias
Yagzeswar
a Dikshidar
Sri Ramulu Naidu
3. Chidambaram No.1,
Joint Sub-Registrar
Office/No.836/1985
2.77 Swarna
Venkatesa
Dikshidar
Annamalai
University
represented by its
Registrar
Thiru.A.Lakshmana
Chettiar
4. Chidambaram No.1
Joint Sub Registrar
Office/Volume –
1825/Page-259/No.1
46/1988
2.95 Thillai
Nataraja
Dikshidar
Annamalai
University
represented by tis
Registrar Thiru.
R.Rajamanickam
5. Chidambaram No.1
Joint Sub-Registrar
Office/Volume-1825/
Page-491/No.209/19
88
0.35 Thillai
Nataraja
Dikshidar
Annamalai
Univerisity
represented by its
Registrar
Thiru.R.Rajamanick
am
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11.Hence, it is submitted that even though the HR and CE
Department is taking sincere and effective steps to find out the
Kattalaidarars, the extent of lands available with them, the income
derived from the said properties, the Podhu Dikshidars did not cooperate
with the HR and CE Department. In this connection, it is submitted that
the said properties are endowed by the Founder only for the
performance of Kattalai to the minor Deity of the suit temple and not for
the Podhu Dikshidars. The Podhu Dikshidars are entitled only to
perform the Kattalais as per the wishes of the Founders of the Kattalais.
As the Podhu Dikshitars did not furnish the accounts for the amounts
received from each Kattalaidarars and expenses incurred for the
performance of said Kattalais, it leads to the assumption that the Podhu
Dikshitars utilize full income derived from the said properties.”
35. In response to the allegations made by the Joint Commissioner stating that the
Podu Dekshidars are not coming forward to disclose details about the amount received from
the Kattalaidarar and the expenditures, the Podhu Dikshitars ascertaining their right to enjoy
the income and immunity from rendering accounts in the light of the declared denomination
character, however, have come forward to submit the accounts to the Court for the period
between 2018 – 2020 in a sealed cover.
36. We opened the sealed cover to verify, whether the accounts produced are a
probable reflection of income and expenditure maintained in the course of the daily
administration and whether it is duly audited by a Professional Auditor. To say the least, the
accounts produced by the ‘Podhu Dikshitars’ are an unaudited rough day book ledgers for
the relevant period. Thus, we find that by sharing the blame game, the HR & CE
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Department as well as the Podhu Dikshitars have left uncared the substantial portion of the
properties and Kattalai meant for the Temple. If they were really interested in protecting the
assets of the Temple, they ought to have taken joint efforts to retrieve the properties. We
observe a total failure on the part of the persons responsible for protecting the assets of the
temple, both movables and immovables.
37. In the above said factual background and the ground reality, which prevails as
on date, we consider to find a permanent solution, so that, the sanctity of the temple and
its heritage structure is preserved without any further damage before it become
irretrievable.
Kaala Pooja at Kanagasabai:
38. As far as the timings of kaala pooja mentioned in the additional affidavit filed
on behalf of the Podhu Dikshitars, the learned Special Government Pleader for HR and
CE Department, expressed his reservation and objections as under:-
The time mentioned for Kaala Pooja is unrealistic and excessive when compared
to the time required for kala pooja in the other Shiva temples s uch as (1)Arulmigu
Jambukeswarar Akilandeswari Temple, Tiruchirappalli (2)Arulmigu Ekambaranathar
Temple, Kancheepuram, (3)Arulmigu Arunachaleswarar Temple, Tiruvannamalai
(4)Arulmigu Sabanayagar Temple, Chidambaram and (5)Sri Kalahastheeswarar Swamy
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Vari Devasthanam together known as “ Pancha Bootha Sthalangal” ( holy place of five
elements – such as Water, Land, Fire, Space and Air) as well as temples where Lord
Shiva is worshiped in dancing form (Nataraja- king of dance) known as “Pancha
Sabhai sthalangal” such as (1) Arulmigu Sabanayagar Temple, Chidambaram (Kanaga
Sabhai), (2) Arulmigu Vadaranyeeswarar Temple, Tiruvalangadu (Ratna Sabhai),
(3)Arulmigu Meenakshi Sundaraswarar Temple, Madurai(Velli Sabhai), (4)Arulmigu
Nellaiyappar Arultharum Kanthimathiamman Temple, Tirunelveli (Thamira Sabhai) and
(5) Arulmigu Thirucourtrallanatha Swamy temple, Courtallam, Tenkasi, (Chithra
Sabhai).
39. The Learned Special Government Pleader relying on the photos taken recently
near the Kanagasabai, submitted that the statement made by the Podhu Dikshitars that no
one is allowed during the Kaala Pooja time and general public are allowed during the
intervals between the Pooja time, is totally an incorrect statement. In fact, even during
Kaala Pooja time, on collecting money, tokens are given. Those, who have token, are
allowed to climb the Kanagasabai and have darshan (see Annexure-I ) . There is no
accounts or control over the fees collected for such darshan. Claiming exclusive right to
decide about the darshan time and those who can be permitted to have darshan, the
Dikshitars are attempting to impose unreasonable and unnecessary restrictions on
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common public. They abuse the Court’s declaration of the denomination status for
monetary exploitation of the devotees, who visit the temple which is a public temple.
40. The Kaala Pooja time for Sri Sabanayagar Temple at Chidambaram Temple
mentioned under the proposed scheme is as below:-
S.No. Timings Remarks
i. 6 AM Temple opens
ii. 6-7 AM ‘ Paal Neivethiyam ’
iii. 7.30 – 9 AM ‘ Kaala Sannathi Homam , first Kaala Abisheakam and
maha deeparathanai
iv. 10-11 AM ‘ Irandam Kaalam ’ second kaala abisheakam and
maha deeparathanai
v. 11.15 AM –
‘ Uchchi Kaalam’ , Third kaala abisheakam and maha
deeparathanai
vi 12 Noon –
12 Noon
Temple is closed
4.45 PM
vii 5.15 – 6.30
‘ Saayarakshai ’ fourth kaala abisheakam and maha
deeparathanai
viii 7.00 – 8.30
PM
‘Ayintham Kaalam’, fifth kala abishekam, ragasiya
pooja exclusively conducted by the petitioners for
the main deities and maha deeparathanai.
ix 9.00-10.00 PM ‘Arthajamam’, last kaala abishekam and maha
PM
deeparathanai

41. Referring the comparative chart containing Kaala Pooja timing in other temples
to demonstrate, how the General Body Meeting of all Podhu Dikshitars wants to circumvent
the spirit of the Government Order, the learned Special Government Pleader states that, the
Government Order enables access to the general public to climb the Kanagasabai and have
darshan of Lord Sabanayagar and Goddess Sivagamasundari Ammal at Kanagasabhai. The
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right to worship the deity in the public temple cannot be taken away citing the limited right
to a denomination group (Dikshitars) who have right to administer. The timing mentioned
for allowing general public to worship is hardly an hour or less between each of Arukaala
Poojai. The Podhu Dikshitars by putting artificial obstructions in the place meant for
devotees to stand and worship the deity in the Kanagasabai, had create unnecessary space
constrain. More devotees can stand in the Kanagasabai and have the glimpse of Lord
Sabanayagar and Goddess Sivagama Sundari Ammal, if the artificial obstacles are removed
and if the devotees are allowed to have the entry from one side and exit on the other side.
42. The Secretary of the Podhu Dikshitars in his Affidavit dated 12.10.2026, had
stated that the general body of the Podhu Dikshitars held on 16.09.2026. and in the said
General Body Meeting, it is decided to make necessary arrangement to facilitate more
number of devotees to have darshan at Kanagasabai and necessary action will be taken in
due course.
Constructions inside the temple:
43. Insofar as the objectionable constructions inside the heritage temple,
miscellaneous petitions were filed by HR & CE Department, Heritage Conservation Society
and few individuals with intention to prevent constructions inside the temple under the garb
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of renovation. Reports of the committee which inspected the temple and their suggestions
are available on record. One such report is by the Heritage Committee dated 14/12/2023.
Recently, as per the direction of this court, the Tamil Nadu Heritage Commission had
conducted the spot inspection on 11/08/2026 and in its report the nature of additional
structures made inside the temple are enlisted, with suggestions to restore the damaged
portions of the heritage structure of the Temple( see Annexure-II ). In response to the
Heritage Commission report, the Secretary of the Podhu Dikshitars has filed Affidavit,
wherein he had stated that, the Podhu Dikshitars are ready to carry out the necessary
actions to restore the heritage Temple to its original position, in view of the report given by
the Heritage Commission. However, they are apprehensive of the HR&CE Department
getting involved in the Temple Administration. The relevant portion of the affidavit filed on
behalf of the Podhu Dikshitars reads as under:-
“(A)At the outset, the Report only recommends the
constitution of an expert body to advise on the restoration
measures to be undertaken and the Podhu Dikshitars are
committed to honour such recommendations;
(B)the involvement of the HR & CE, in any form
whatsoever, in the conservation, maintenance and upkeep of the
Temple, as contemplated in Observation -5 in the section on
“Visitor Footfall”, and Conservation and Mitigation Measure - 12
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of the Report is in the nature of interfering with the independence
of the Podhu Dikshitars in matters relating to management and
administration of the Temple.
(C)placing on record, in a spirit of cooperation and for the
purpose of assisting this Hon’ble Court, that certain observations
in the Report are internally inconsistent, or are extrapolations
unsupported by any material and were recorded without affording
the Podhu Dikshitars any opportunity to explain the period, nature
and reasons for the interventions in question.”
Tem ple property – Retrieval and Accounting :
44. From the pleadings, we find the temple own about 1000 acres of land and
valuable movables worth several crores of rupees. However, the records for the temple
properties are not maintained properly and property registers are not updated. In the year
1976, the Government has passed order, viz, G.O (Ms) No:345, CT & RE Department,
dated 09/03/1976, vesting the administration of the land and Kattalai’s of the temple with
the Special Tahsildar (Temple Lands). He is supposed to maintain property register, collect
rents from the tenants and take action against the defaulters and the encroachers. Further, he
has to ensure the performance of the Kattalai’s endowed to the Temple and in case of any
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failure, should have taken action against the non-performers. While so, the affidavit dated
01/10/2024 filed by the Joint Commissioner (Legal), HR & CE Department, a portion of
which extracted in the earlier part of this order, we find the Special Tahsildars, who were
responsible for collection of rent from the properties and the due performance of the
Kattalai’s had not discharged their duties properly. Equally, on the part of the Podhu
Dikshitars, they are also not maintaining the accounts properly and get it audited by
certified auditors/CA ( see Annexure-III ). Therefore, we are of the considered view that by
blaming each other, the HR&CE Department and the Podhu Dikshitars have ignored their
responsibility to protect the temple property.
DISCUSSION:
45. The autonomy of the Podhu Dikshitars to perform religious ceremonies to the
deities inside the temple will no way be offended by the impugned executive order
G.O.Ms.No.115, dated 17/02/2022 passed by the Government, which was issued in the
context of the procedure adopted in the temple for darshan at Kanagasabai even after the
pandemic restriction. The right protected under Article 26 of the Constitution of India for
any denomination institution is subject to public peace and right of a citizen to profess and
practice.
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46. The right of the public to worship without any discrimination in the public temple
has to co-exist with the right of the denominational sect to perform spiritual activities inside
the temple. By no stretch of imagination the Podhu Dikshitars can claim that the right of the
Podhu Dikshitars of Chidrambaram Temple, as examined and declared by the Hon’ble
Supreme Court of India in Dr.Subramanianswamy v. State of Tamil Nadu and others, dated
06.01.2014, is infringed through the Government Order (Ms)No.115. Equally, it is incorrect
to say that the Government Order interferes with the administration and management of the
temple by the Podhu Dikshitars, thereby violating Articles 25 and 26 of the Constitution of
India. The right to administrate conferred on the Podhu Dikshitars, as a denomination
institution, is only to administer the religious affairs in the Nataraja temple and not
maladminister. The right conferred on the denominational institution for a group of persons
cannot override the right of the public to worship in the public temple, which is equally a
fundamental right under the Constitution conferred on all citizens.
47. Freedom of conscience and free profession, practice and propagation of religion
enshrined under Article 25 of the Constitution of India is subject to public order, morality
and health. Likewise, the freedom to manage religious affairs enshrined under Article 26 of
the Constitution of India is also subject to public order, morality and health. Under the
Constitution, primarily, to claim the status of a religious denomination, it should have
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established and maintained by the said religious denomination. As far as the Chidambaram
Nataraja Temple is concerned, it is no one’s case that it was established by the Podhu
Dikshitars. Whenever a dispute relating to the Sabanayagar Temple cropped up, the Courts
have declared or reiterated that the temple has been administered by Smartha Brahmins
called ‘Dikshitars’ residing at Chidambaram, but it was not established by them. Of the two
conditions, they satisfy only one condition. According to their usage, every Dikshitars
becomes entitled, on marriage to take part in the management to perform pooja or services
in the temple and share the emoluments of the institutions. Thus, the Courts have only said
about the administration of temple and never about the establishment of the temple. The
literary sources says, the Smartha Brahmins were brought from North India by Pulipathar
(Saint Vyaghrapada) to Thillai (Chidambaram) for doing priest services in the Sabanayagar
Temple, which was already in existence. On getting Diksha (Initiation), these Smartha
Brahmins were called as “Dikshitars”.
48. If one looks back at the legal battles regarding the right of Podhu Dikshitars to
administer the Sabanayagar temple, when in-fight between two groups of Dikshitars,
claiming right to perform pooja or service in the shrine, came up for consideration about
150 years ago, in Natesa and Others –vs- Ganapati and others reported in (1891 ILR
Mad 103). we read from the judgment who are all entitled to be ‘Dikshitars’ of the
temple and how the offerings made by the worshipers are shared among them. The
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judgment also narrates the malfeasance of the temple properties, negligence and
misconduct in maintaining the temple by the Dikshitars due to the factional war.
Subsequently, in the year 1933, a scheme was settled by the Board of Commissioners,
HR and CE Department, Madras, to administer the Sabanayagar Temple, Chidambaram,
wherein the right of the Podhu Dikshitars to hold the trusteeship of the temple was
affirmed and the administrative activities were vested in a Committee elected from
among the Podhu Dikshitars once in a year.

49. The petitioners to claim that the HR and CE Department or the Government has
no role to interfere with the affairs of the temple and to issue the impugned Government
Order rely on the following judgments.
(i) R.N.Nataraja Rama Dikshidar v. The Commissioner, HR and CE
Admin. Department, Madras-34, dated 08.08.183l;
(ii)S.S.Kunchitha Charan Deekshathar, Podhu Pradhenedhi, Podhu
Deekshathars of Sri Sabhanayagar Temple, Chidambaram v. The State of
Tamil Nadu, rep.by the Commissioner and Secretary to Government,
Commercial Taxes and Religious Endowments Department, Madras-9 and
another dated 17.02.1997,
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2026:MHC:4389
(iii)Sri Sabhanayagar Temple, Chidambaram rep.by its Secretary to
Podhu Dikshidar, Chidambaram v. The State of Tamil Nadu rep.by Secretary,
Department of Tamil Development, Religious Endowments and Information
Department, Fort St.George, Chennai-9 reported in [(2009)1 LW 826],
(iv)Sri Sabhanayagar Temple, Chidambaram, represented by its
Secretary, Podhu Dheekshadhar, Chidambaram v. The State of Tamil Nadu,
represented by its Secretary, Department of Tamil Development, Religious
and Information Department, Fort St.George, Chennai-2 and others
reported in [2009(4)CTC 801]; and
(v)Dr.Subramanian Swamy v. State of Tamil Nadu and others reported
in [(2014) 5 SCC 75].
50. In the case of Sri Lakshmindra Theertha Swamiar of Sri Shirur Mutt and
another v. The Commissioner, Hindu Religious Endowments, Madras and others
reported in [1951 SCC Online Mad 384] with respect to the Shri Sabanayagar Temple,
the Court has observed that,
“198….. . In the case of Sri Sabhanayakar Temple at Chidambaram ,
with which we are concerned in this petition, it should be clear from what
we have stated earlier in this judgment, that the position of the Dikshitars,
labeled trustees of this temple, is virtually analogous to that of a
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Matathipathi of a Mutt, except that the Podhu Dikshitars of this temple,
functioning as trustees, will not have the same dominion over the income
of the properties of the temple which the Matathipathi enjoys in relation to
the income from the Mutt and its properties. Therefore, the sections which
we held ultra vires in relation to Mutts and Matathipathis will also be ultra
vires the State Legislature in relation to Sri Sabhanayakar Temple,
Chidambaram and the Podhu Dikshitars who have the right to administer
the affairs and the properties of the temple. As we have already pointed
out even more than the case of the Shivalli Brahmins, it can be asserted
that the Dikshitars of Chidambaram form a religious denomination within
the meaning of Article 26 of the Constitution.”
51. In Dr.Subramaniya Swamy vs. State of Tamil Nadu, dated 06.01.2014
reported in [(2014) 5 SCC 75] the Hon’ble Supreme Court of India has observed as
under:-
“49. We would also like to bring on the record that various
instances whereby acts of mismanagement /maladministration/mis-
appropriation alleged to have been committed by Pothu Dikshitars
have been brought to our notice. We have not gone into those
issues since we have come to the conclusion that the power under
the Act 1959 for appointment of an Executive Officer could not
have been exercised in the absence of any prescription of
circumstances/conditions in which such an appointment may be
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made. More so, the order of the appointment of the Executive
Officer does not disclose as for what reasons and under what
circumstances his appointment was necessitated. Even otherwise,
the order in which no period of its operation is prescribed, is not
sustainable being ex facie arbitrary illegal and unjust.”
52. In none of the judgments, the Courts have endorsed, Podhu Dikshitars have right
to violate the fundamental right of others under the guise of protecting their institutional
denomination character or give a right to mal-administer. In fact, the right of the State to
interfere in case of mal-administration is explicitly protected by the Supreme Court of India
in Dr.Subramanian Swamy’s case . There cannot be any restriction on the State to interfere
whenever the Constitutional rights of citizens are infringed and public peace is involved.
Specific averments have been made by the devotees that, after the COVID-19 pandemic,
access to the Kanagasabai for the general public was totally restricted by the Podhu
Dikshitars and only after the G.O.Ms.No.115, they are partially allowed. Though this
allegation is denied by the Secretary of the Podhu Dikshitars in his affidavit, he admits that
due to the surge of devotees, certain restrictions were made for entry into the Kanagasabai.
53. This Court finds that in one of the affidavits dated 13.01.2025 filed by Venkatesa
Dikshitar, the then Secretary of Podhu Dikshitar, Sabanayagar Temple, Chidambaram, it is
stated as below:-
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“9.I state that the number of devotees visiting the
Sabanayagar Temple, Chidambaram, has increased in great numbers
and every day a minimum of 5000 to 10000 persons visit to the
temple, as shown in the Annexures enclosed herewith. I state that the
devotees ought not to be allowed to the Kanaka sabha, which a small
area of 10ft x 2 ft., at the time of performance of the kaala pooja to
the spatika lingam by the poojakar. The Kanaka sabha is very
narrow area and therefore, the Dikshitars would not be able to allow
the devotees crowding and as a result getting crumpled, inside the
Kanaga Sabha, in view of the safety of the devotees, the delay that
may be caused for the Kaala Poojas which are to be strictly
performed with punctuality in the Temple, and also causing
hindrance to the devotees worshiping from the designated area for
worship (which is below the Kanaga sabha) and blocking a clear
darshan of the main deities to other devotees. Therefore, I
respectfully state that in order to avoid such situations, the Podhu
Dikshitars, who have the right and authority to manage the
administration of the Temple, collectively arrived at the decision that
none of the devotees would be allowed to have darshan from the
Kanagasabai. The said decision is made applicable to all without any
discrimination among the devotees, irrespective of their caste, sex or
religion.”
54. However, the assertion made above by the then Secretary, Podhu Dikshitars
appears to be incorrect from the photos annexed as Annexure-I. It is also stated in the said
affidavit that the timings for darshan at the Kanagasabhai, which were between the intervals
of Kalapoojai, that is 07.00 a.m to 07.30 a.m.; 09.00 a.m. to 10.a.m., 11 a.m. to 11.15 a.m;
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04.45 p.m., to 05.15 p.m., 06.30 p.m. to 07.00 p.m. and 08.30 p.m to 09.00 p.m.. Later, the
General Body of the Podhu Dikshidars, had decided to revisit the timings for dharsan and a
draft scheme detailing the timing as well as the method of darshan for common devotees at
Kanagasabhai is furnished by the Secretary, Podhu Dikshitars. The tentative timings for
dharsan will be during the interval of the kalapooja mentioned below:-
S.No. Timings Remarks
i. 6 AM Temple opens
ii. 6-7 AM ‘ Paal Neivethiyam ’
iii. 7.30 – 9 AM ‘ Kaala Sannathi Homam , first Kala Abisheakam
and Maha Deeparathanai
iv. 10-11 AM ‘ Irandam Kaalam ’ second Kala Abisheakam and
Maha Deeparathanai
v. 11.15 AM – 12 Noon ‘ Uchchi Kaalam’ , Third Kaala Abisheakam and
Maha Deeparathanai
vi 12 Noon – 4.45 PM Temple is closed
vii 5.15 – 6.30 PM ‘ Saayarakshai ’ fourth Kaala Abisheakam and Maha
Deeparathanai
viii 7.00 – 8.30 PM ‘Ayintham Kaalam’, fifth Kala Abishekam,
Ragasiya pooja exclusively conducted by the
petitioners for the main deities and Maha
Deeparathanai.
ix 09.00- 10.00PM “Arthajamam”, last Kaala Abishekam and Maha
Deeparathanai
55. Be that as it may, considering the fact that the General Body of the Podhu
Dikshitars has considered the gravity of the allegations and the necessity for the
Government to issue the impugned order, the Podhu Dikshitars have come out with a draft
scheme detailing the procedure to regularize darshan at the Kanagasabai for the general
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public without violating the customary practices followed traditionally (i.e) Pre-Covid
situation.
56. While the issue of permitting the general public to have darshan at the
Kanagasabai without any discrimination by following transparency is still remain
inconclusive, we also find no plausible explanation from the side of the Podhu Dikshitars
for the constructions made inside the Ancient Temple by causing damage to the sculptures
and murals. Also, no genuine steps taken by the persons concerned to retrieve the temple
properties or to auger its income from the properties. The hand bills exhibited in the name
of Dikshitars within the temple premises inviting donation for Annadanam mentioning the
menu speaks volume about how the temple has been converted into a commercial site (see
Annexure-IV). Above all, the accounts submitted by the Dikshitars and the accounts
produced by the HR&CE Department in respect of the temple income and expenditure
requires forensic auditing. The secular and non-religious activities connected to the public
temple carried by the Dikshitars warrants immediate supervision by highly qualified at the
same time independent body.
Conclusion:
57. In view of the discussion made above and the reasons stated, the answered for the
points taken up for consideration are as below:-
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(a)Whether G.O.Ms. No.115 issued by the
Government is a colourable exercise of the executive power
to override the constitutional right of the Podhu Dikshitars
of Chidambaram as a Denomination Institution in respect
of administering the Sri Sabanayagar Temple at
Chidambaram. ?
Answer :No
(b)Whether the heritage structure of the temple was
damaged under the Management of the Podhu Dikshitars,
under the guise of renovation and maintenance?
Answer :Yes
(c)Whether the immovable and movable properties
of the Temple properly accounted and audited?
Answer :No
58. In our considered view, apart from the timing for darshan at Kanagasabai, a larger
issue in respect of this ancient temple appears to be the prevention of the deterioration in
maintenance of the heritage structures inside the temple and preservation of the ancient
temple. That apart, immediate steps are required to retrieve the temple assets. Hence, the
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way forward to rectify the malady in the administration of the temple, which is revered by
all Hindus, a transparent administration which can eradicate the prevailing mal-
administration is necessary. Therefore, we constitute a Board of Management consisting
of domain experts, who will take over the administration, till the ill is cured.
The Board of Management shall:-
59.(a)In consultation with the Podhu Dikshitars to ensure fair and equal
opportunity to the general public to have darshan of Sri Sabanayagar and Sivagami
Ammal at Kanagasabai, by climbing atop, without violating the customary practices.
Any devotee, who wish to sing rhymes or wish to recite slogan’s, have to be permitted to
do so standing below the Kanagasabai (located at an elevated stage) without causing
disturbance to the other worshipers.
(b) In consultation with the Tamil Nadu Heritage Commission, the Board should
undertake the removal of unauthorized/unnecessary constructions put up inside the
temple causing hindrance or damage to the ancient structure.
(c) With the assistance of the District Administration, necessary steps to be taken
to retrieve the temple properties under encroachment, this includes eviction/restoration
of the possession with the temple and recovery of rental/lease arrears.
(d) With the advice of experts, should take necessary steps to augur the income
from the temple properties and maintain proper accounts for the same.
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(e) In consultation with the experts should renovate the temple without alter the
ancient heritage structure. including consecration of the temple.
(f) to take inventory of movables/valuables and to secure the missing valuables, if
any.
(g) Any other action necessary to execute the above objects or allied objects in the
interest of the Arulmigu Sri Sabanayagar Temple, Chidambaram.
60. The composition of the Board of Management shall be as under:-
Sl.
No.
Name of the Officials Designation
1. Chairman
The Hon’ble Mr.Justice V.Bharathidasan (Retd.)
2. The Hon’ble Mr.Justice R.Suresh Kumar (Retd.) Co-Chairman
3. Mr.C.Rajendran, IAS (Retd.) Member
4. Secretary, Podhu Dikshitar, Sri Sabanayagar
Temple, Chidambaram
Ex-Officio
Member
Secretary to the Government, Hindu Religious
5.
and Charitable Endowments Department,
Government of Tamil Nadu.
Ex-Officio
Member
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61. The Chairman, Co-Chairman and the Member (Except Ex-Officio Members)
are entitled for a remuneration of Rs.2,00,000/- p.m. with a car and driver. Necessary
personal security (24 x 7) in the rank of Inspector of Police to be provided to them. The
Chief Secretary to the Government of Tamil Nadu shall ensure providing necessary
facilities and co-operation to the Board of Management to ensure effective
implementation of the directions issued by the High Court.
62. The expenses of the Board of Management including payment of
remuneration to be met from the fund of HR&CE Department. Further, to meet the
contingency expenses, a sum of Rs.10,00,000/- ( Rupees Ten Lakhs only) be vested with
the Board.
63. The Board at its discretion shall employ any persons to assist them and pay
them appropriately for their service. The Special Tahsildar (Property), who is collecting
the rents and other Kattalais for the temple, shall continue to do so, subject to the
supervision of the Board of Management. Hereinafter, all income from the temple
properties and Kattalai’s to be accounted separately and submitted to the Board of
th
Management every 5 day of English calendar month.
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64. In respect of daily rituals and periodical festivals, it is the exclusive
prerogative of the Podhu Dikshitars and same to be conducted without violating the
established customs and practices. Any investments like Fixed Deposits and other
income of the Temple so far handled by the Podhu Dikshitars, shall continue to be with
them as usual. However, the Secretary of the Podhu Dikshitars’ has to ensure that a copy
th
of the accounts are regularly submitted to the Board of Management by 5 of every
English Calendar Month.
65. Any donations to the temple must be through a single window e-payment
made into the account mentioned by the Board of Management. Any donor, who wish to
take up the expenses of any particular renovation work either in full or in part, the same
to be received and kept under that particular renovation account and spent for that
particular purpose.
66. At this juncture, we wish to recollect, the temple came under the
administrative control of the HR and CE Department, for a short period pursuant to the
proceedings of the Commissioner, dated 31.07.1987 by appointing an Executive Officer
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under Section 45(1) of the HR and CE Act, 1959 to Arulmigu Sabanayagar Temple,
Chidambaram. This appointment of an Executive Officer was the subject matter of the writ
petitions and writ appeals, then the special leave petitions before the Hon’ble Supreme
Court of India. It finally, resulted in returning the administration of the temple back to
Podhu Dikshitars. The Hon’ble Supreme Court of India in Dr.Subramaniansamy v. State of
Tamil Nadu reported in [(2014) 5 SCC 75], has held that even in cases of mal-
administration, the permanent vesting of right to administer by appointing an Executive
Officer of the HR and CE Department is impermissible. The right of the religious
denomination to administer its property can be interfered only on the ground of
maladministration and that to only until the evil gets remedied. Any perpetual supervision
would be violative of Article 26(d) of the Constitution of India.
67. After the pronouncement of the judgment by the Hon’ble Supreme Court of India
in the above said case, the administration has gone back to Podhu Dikshitars. For more than
12 years the entire income of the temple is with the Podhu Dikshitars but they are not ready
to share the true and full account of the income derived from the temple. Therefore, we
have no hesitation to record that the manner in which the ancient structure of the temple has
been damaged and ill-maintained under the management of the Podhu Dikshitars is
disheartening. New structures put up by them indiscriminately, makes sufficiently clear that
there is mal-administration of the temple property. The extensive damage to the heritage
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2026:MHC:4389
structure, the defiance to render the true and proper accounts; the collection of donations
within the temple in the name of ‘Annadhanam’ or ‘Annapavadai’ by putting up bill
boards mentioning the menu of the day and also permitting the organizers of the event (all
from the family of Dikshitars) to use the dinning hall inside the temple,
(see Annexure -IV ), non-religious/commercial activities within the public temple thereby
converting the temple premises a ‘ food court’ and the failure to preserve the properties of
the temple imminently warrants judicial interference to rectify the evil of mal-
administration.
68. Hence, we hope the Board of Management in exercise of the mandate given to
them under this order, shall take the charge forthwith and bring back the glory of the
temple at the earliest. The Authorities in the Revenue Department and Public Works
Department shall provide necessary assistance to the Board for implementing the
directions issued by this court.
69. With the above observations, these Writ Petitions are disposed of.
Consequently, connected Miscellaneous Petitions are closed. There shall be no order as
to costs.
(G.J.,J.) (E.M.,J.)
30-10-2026
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Index : Yes
Neutral Citation : Yes
Ari
To
1.The Principal Secretary, State of Tamil Nadu, Tourism, Culture and Religious
Endowments Department, Fort St.George, Chennai.
2..The Commissioner, Hindu Religious and Charitable Endowments Having office at
119, Mahatma Gandhi Road, Nungambakkam, Chennai, Tamil Nadu 600 034
3.Sri Sabhanayagar Temple represented by the Secretary, Podhu Dikshitars,
Chidambaram.
4. The Superintendent of Police, Cuddalore, Cuddalore District.
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ANNEXURE - I
(a)
Photographs depicting devotees climbing the Panchakshara Padi to have Darshan
of Sabanayagar at Kanagasabai, after obtaining tokens on payment of money.
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ANNEXURE - I
(b)
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ANNEXURE-I
(c)
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ANNEXURE-II
(a)
Damaged portion of the ancient building.
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ANNEXURE-II
(b)
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ANNEXURE-II
(c)
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ANNEXURE-III
(a)
Specimen account sheets produced by the Podhu Dikshitars in a sealed cover
which does not reflect the collections made for darshan at Kanagasabai.
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ANNEXURE-III
(b)
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ANNEXURE-III
(c)
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ANNEXURE-III
(d)
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ANNEXURE-III
(e)
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ANNEXURE-III
(f)
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ANNEXURE-IV
(a)
Handbills inviting donations for Annadhanam in Temple Premises
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ANNEXURE-IV
(b)
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ANNEXURE-IV
(c)
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2026:MHC:4389
Dr.G.JAYACHANDRAN, J.
AND
E.MANOHARAN, J.
ari
delivery Common Order made in
W.P.Nos.36022, 20467 and 30365 of 2023
and
W.M.P.Nos.19850 and 19851 of 2023,
4729 of 2024, 36000 of 2023, 30356, 31061,
33543, 33545, 33791, 299953, 34510,
35999 of 2023 and 45654 and 54388 of 2025
30-10-2026

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