Madras High Court Upholds Thengalai Ceremonial Rrights

CMS INDUSLAW is pleased to note the judgment delivered by the Madras High Court on 28 November 2025, wherein the Division Bench upheld the century-old decrees recognising the exclusive ceremonial worship rights of Members of the Thengalai (Southern Cult) at the Sri Devaraja Swamy Temple in Kancheepuram. The Court dismissed the challenges raised by Members of the Vadagalai (Northern Cult), holding that the earlier pre-constitutional judgments did not violate fundamental rights under Articles 25 and 26 of the Constitution and that these long-standing Adhiapaka Mirasi rights represent a blend of religious and property rights protected under Article 26(c) and (d).

The Court further held that judicial orders which have attained finality cannot be collaterally challenged on the ground of violating fundamental rights, as courts do not fall within the definition of 'State' under Article 12 when exercising judicial power. The Division Bench also directed the Executive Trustee to implement the earlier decrees with police assistance, if necessary.

The team appearing for the Thengalai sect was led by a team of Senior Counsels Mr. Vijay Narayan, Mrs. Hema Sampath, Mr. V. Srinivasa Raghavan, Mr. A.K. Sriram, Mr. P.V. Balasubramaniam and Mr. K.B.S. Rajan who were assisted by counsels Mr. M.V. Swaroop, Mr. R Palaniandavan, CMS INDUSLAW Partner Varuni Mohan, Senior Associate Harsh Gupta and Associate Priyanka Kannan.