‘Shocked’ Over Rental Shops in Temple Mandapam, Madras High Court Orders Police-Assisted Eviction And Sealing

Expressing shock that an ancient temple structure with intricate sculptures had been “let out for rent” and reduced to a commercial space, the Madras High Court, Madurai Bench, recently ordered the immediate removal of all encroachments from the ‘Kanniyambalam’ Kal Mandapam of the Arulmigu Kanyakumari Bagavathi Amman Thirukovil and directed that it be sealed.

A division bench of Justice G. Jayachandran and Justice K.K. Ramakrishnan came down heavily on the Hindu Religious and Charitable Endowments Department, observing that the ancient structure had been exploited “for financial gain” and that debris and construction materials were being stored inside the mandapam.

Court was hearing a writ petition filed by Nagarajan, who sought restoration of the mandapam to its original position by removing structures put up by rental shop owners. He had also sought consideration of his representation dated June 26, 2025.

The bench noted that photographs placed before it earlier had indicated that shops located outside the temple had extended brickwork into the mandapam itself. In a previous order dated September 22, 2025, court had directed that such brickwork be removed “immediately and forthwith” and made it clear that no commercial activity could take place inside the temple mandapam.

However, in its February 10, 2026, order, court recorded that the situation reflected a deeper failure. It 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 also noted that waste materials, construction debris and other discarded items were being kept inside the mandapam.

During the proceedings, persons occupying the mandapam and the 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 any claim of right in their favour, 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 a step further and observed that the joint commissioner had been involved in exploiting the temple property for financial gain.

Warning that permitting the occupants to remain even for a day longer would continue the deterioration of the structure, court said urgent intervention was necessary to arrest further damage.

It therefore 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 bench also indicated that the failure to protect the temple property would not go unexamined. It stated that further course of action against the erring officials would be considered at the next hearing.

Case Title: Nagarajan vs. The District Collector, Kanyakumari District, Nagercoil and Others

Order Date: February 10, 2016

Bench: Justice G. Jayachandran and Justice K.K. Ramakrishnan