Court Directs HR & CE Department to Seal Commercial Setups and Protect Heritage Structures
In a significant ruling, the Madurai Bench of the Madras High Court has ordered the immediate removal of encroachments and commercial activities from the premises of an ancient temple in Kanyakumari District. The division bench, comprising Dr. G. Jayachandran and K.K. Ramakrishnan, J.J., expressed its dismay over the negligence of the Hindu Religious and Charitable Endowments (HR & CE) Department in safeguarding the temple's heritage.
The court was hearing the case of Nagarajan v. District Collector, Kanyakumari District, Nagercoil, where it was brought to light that shops and commercial establishments had been set up within the temple mandapam, damaging the antique and artistic value of the structure. The court criticized the HR & CE Department for allowing such encroachments and directed them to take stringent measures to preserve the temple's sanctity.
The bench ordered the HR & CE Department to collaborate with the police to ensure the immediate removal of all encroachments and to seal the area to prevent further damage. The court also mandated the department to file a report with photographic evidence of compliance by February 12, 2026.
Expressing shock over the misuse of temple property for financial gain, the court highlighted the involvement of the Joint Commissioner in renting out the space within the temple premises. The court stressed that the respondents, who claimed tenancy under the HR & CE Department, had no legal right to occupy or damage the temple structures.
The court's directive comes after the Supreme Court dismissed a Special Leave Petition filed by the encroachers, reinforcing the High Court's stance on protecting the temple's heritage. The bench indicated that further action against the erring officials of the HR & CE Department would be contemplated in the next hearing.
This ruling underscores the judiciary's commitment to preserving historical and cultural monuments from unauthorized commercial exploitation. The case is scheduled for further hearing on February 12, 2026, at 2:15 p.m.
Bottom Line:
Protection of ancient temple structures - Encroachment and commercial activities within temple premises disallowed - Immediate removal and sealing of encroachments ordered.
Statutory provision(s): Protection of ancient monuments, HR & CE Department responsibilities, Commercial activities in temples.
