The Madurai Bench of the Madras High Court on Tuesday came down heavily on officials of the Hindu Religious and Charitable Endowments (HR&CE) Department over alleged encroachments inside an ancient temple structure in Kanyakumari.
Hearing a writ petition filed by Nagarajan, a Division Bench led by Justice G. Jayachandran expressed shock over what it described as “exploitation” of a heritage structure for commercial gain.
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The court directed immediate removal of all encroachments from the ‘Kanniyambalam’ stone mandapam inside the Arulmigu Kanyakumari Pagavathiammal Temple.
Background of the Case
The petition, filed under Article 226 of the Constitution, sought a direction to authorities to restore the stone mandapam to its original condition by removing shops allegedly constructed within and around it.
The petitioner alleged that several rental shop owners had put up brick structures intruding into the mandapam, an ancient pillared hall known for its sculptural work.
When the matter first came up in September 2025, the court had perused photographs filed along with the petition. The images showed brick constructions extending into the temple structure.
In its earlier order dated September 22, 2025, the Bench had noted that “there can be no commercial activity that takes place inside the temple Mandapam” and ordered immediate removal of the brickwork.
Meanwhile, individuals claiming tenancy rights under the HR&CE Department were impleaded as respondents after their Special Leave Petition was dismissed by the Supreme Court.
Court’s Observations
During the hearing, the judges did not mince words.
“We are shocked to see how an ancient structure containing sculptures with excellent artistic work has been let out for rent,” the Bench observed in open court .
The court pointed out that waste materials, construction debris and other items were stored inside the mandapam, further damaging the structure.
The Bench also made a serious remark against a senior temple official. It recorded that the Joint Commissioner of the HR&CE Department had “involved in exploiting the temple property for financial gain” .
According to the judges, any permission granted to tenants to occupy or alter the ancient structure was illegal. “Allowing them to be in the mandapam even a day more will continue the deterioration of the building,” the court said .
The court stressed that protection of temple heritage is the primary duty of the authorities and cannot be compromised for revenue.
Court’s Directions
Taking a stern view, the Bench issued clear instructions.
It directed the Joint Commissioner of the HR&CE Department, Kanyakumari, to remove all encroachments from the mandapam with police assistance. The court also ordered the authorities to seal the premises after clearing it.
The removal process must be completed and a compliance report, along with photographs, filed before the court by February 12, 2026.
The judges made it clear that further action against erring officials would be considered in the next hearing.
Decision
Disposing of the present stage of proceedings, the Madurai Bench of the Madras High Court directed immediate eviction of all occupants from the mandapam inside the Arulmigu Kanyakumari Pagavathiammal Temple and ordered the structure to be sealed after removal of encroachments.
The matter has been posted for compliance on February 12, 2026 .
Case Title: Nagarajan vs The District Collector & Others
Case No.: W.P.(MD) No. 26210 of 2025
Decision Date: 10 February 2026
