Madras High Court forms judicial panel to take over Chidambaram Nataraja Temple administration

The Madras High Court has constituted a five-member board of management headed by two retired High Court judges to take over the administration of the Chidambaram Nataraja Temple [Sabanayagar Temple Vs State of TN].

A Division Bench of Justices G Jayachandran and E Manoharan passed the order after finding maladministration, damage to heritage structures and failure to properly account for temple properties.

The Court held that judicial intervention was necessary to address the irregularities in the management of the temple by the Podhu Dikshitars, a religious denomination constitutionally entitled to administer its affairs.

Interestingly, the order was passed on a petition filed by Podhu Dikshitars themselves who moved the Court taking objection to a government order permitting devotees to climb atop a Mandapam for the darshan of the temple deity.

"Therefore, we constitute a Board of Management consisting of domain experts, who will take over the administration, till the ill is cured," the Court said.

The Board will be chaired by retired High Court Justice V Bharathidasan, with retired Justice R Suresh Kumar as co-chairman. Retired IAS officer C Rajendran, the Secretary of the Podhu Dikshitars and the Secretary of the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Department will be its other members.

The October 30 judgment came on petitions challenging a 2022 Tamil Nadu government order permitting devotees to climb the Kanagasabai Mandapam for darshan of Lord Nataraja.

The Podhu Dikshitars (petitioners) argued that the order interfered with their constitutional right under Article 26 to administer the temple's religious affairs. They relied on the Supreme Court's 2014 judgment in Dr. Subramanian Swamy v. State of Tamil Nadu, which had protected their denominational rights.

However, the High Court rejected the contention that the government order constituted a colourable exercise of executive power intended to override those rights.

The Bench also examined allegations of unauthorised construction, damage to ancient sculptures and murals, encroachment of temple properties and irregularities in financial accounts.

It concluded that the temple's heritage structures had been damaged under the management of the Podhu Dikshitars and that its movable and immovable properties had not been properly accounted for or audited.

"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," the Court said.

It also criticised the collection of donations for Annadhanam and Annapavadai activities and the use of temple premises for non-religious and commercial purposes, observing that parts of the premises had effectively been converted into a "food court".

In light of the same, the newly constituted Board was directed to remove unauthorised structures in consultation with the Tamil Nadu Heritage Commission, recover encroached temple properties and outstanding rent, maintain proper accounts and prepare an inventory of valuables.

It must also ensure equal access for devotees seeking darshan from the Kanagasabai without interfering with established religious customs.

Importantly, the Court clarified that the Podhu Dikshitars would retain exclusive authority over daily rituals and festivals. Existing fixed deposits and other income handled by them would also continue under their control, subject to submitting monthly accounts to the board.

The Court directed that temple donations be collected through a single-window electronic payment system.

The three non-ex-officio Board members will receive ₹2 lakh each per month, along with a vehicle, driver and round-the-clock police security. The HR&CE Department will bear the board's expenses.

The Court also directed that ₹10 lakh be made available to the board for contingency expenses.

The petitions were disposed of with these directions.

Advocate K Harishankar appeared for Podhu Dikshitars.

Special Government Pleader R Bharanidharan represented the State and the HR&CE Department.

Advocate Naveen Aravindhan appeared for another petitioner.

[Read Judgment]