Expressing strong displeasure over the commercial use of an ancient temple structure, the Madras High Court’s Madurai Bench has ordered the immediate removal of all encroachments from the ‘Kanniyambalam’ Kal Mandapam of the Arulmigu Kanyakumari Bagavathi Amman Thirukovil and directed authorities to seal the structure.
A Division Bench comprising Justice G. Jayachandran and Justice K.K. Ramakrishnan came down heavily on the Hindu Religious and Charitable Endowments (HR&CE) Department, observing that the heritage structure had been exploited “for financial gain” and that debris and construction materials were being stored inside the mandapam.
The court was hearing a writ petition filed by Nagarajan, who sought restoration of the mandapam to its original condition by removing structures put up by rental shop owners. He had also requested consideration of his representation dated June 26, 2025.
The Bench noted that photographs previously placed on record showed shops located outside the temple had extended brickwork into the mandapam. In an earlier order dated 22 September 2025, the court had directed that such brickwork be removed “immediately and forthwith” and had made it clear that no commercial activity could take place inside the temple mandapam.
However, in its order dated 10 February 2026, the court recorded that the situation reflected a deeper failure. The Bench said it was “shocked” to see how an ancient structure containing sculptures with excellent artistic work had been let out for rent by the HR&CE Department “unmindful of their responsibility to protect the antique structure.” It further noted that waste materials, construction debris and other discarded items were being kept inside the mandapam.
During the proceedings, persons occupying the mandapam and surrounding areas and carrying on commercial activities were impleaded as respondents 6 to 16. They claimed to be tenants under the HR&CE Department. The order records that their Special Leave Petition before the Supreme Court had been dismissed.
Rejecting their claim, the court held that the private respondents could not occupy or damage antique and ancient temple structures on the strength of what it termed illegal permission granted by the Joint Commissioner of the HR&CE Department. The Bench went further to observe that the Joint Commissioner had been involved in exploiting the temple property for financial gain.
Warning that allowing the occupants to continue even for a day longer would lead to further deterioration of the structure, the court said urgent intervention was necessary to arrest the damage.
The Bench directed the Joint Commissioner, HR&CE Department, Kanyakumari, to take police assistance, remove the entire encroachment, seal the mandapam and file a compliance report along with photographs.
Significantly, the court also indicated that the failure to protect the temple property would not go unexamined, stating that further course of action against the erring officials would be considered at the next hearing.
Source: LawBeat
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