Madras High CourtWP/409/2022disposed of with direction

A.Radhakrishnan v. The Secretary To Government

2026-03-02Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI AND WMP NO. 5155 OF 2022,WMP NO. 7129 OF 2022 A.Radhakrishnan S/o.T.Arumuga Gounder, Kannankurichi, Salem636 008 ..Petitioner(s) Vs

1. The Secretary to Government Tourism Culture and Endowments Department, Secretariat, Chennai- 600 009.

2. The Secretary to Government Public (Law and order-C) Department, Secretariat, Chennai- 600 009.

3. The Secretary to Government Revenue Department, Secretariat, Chennai- 600 009.

4. The Secretary to Government Home Department, Secretariat, Chennai- 600 009.

5. The Commissioner Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai- 600 034.

6. The Commissioner of Revenue Administraton Chepauk, Chennai- 600 005.

7. The Commissioner of land Administration Chepauk, Chennai- 600 005.

8. The Director of Survey and Settlement Chepauk, Chennai- 600 005.

9. The Director General of Police Dr.Radhakrishnan Salai, Chennai- 600 004.

10.The District Executive Magistrate Cum collector, Salem- 636 001.

11.The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer, Suramangalam, Salem- 636 005.

12.The Taluk Executive Magistrate cum Tahsildar, (West) Suramangalam, Salem636 005. 13.The Commissioner of Police Salem- 636 006.

14.The Joint Commissioner Hindu Religious and Charitable Endowments Department, Salem- 636 001.

15.The Assistant Commissioner Hindu Religious and charitable Endowments Department, Salem- 636 001.

16.T.Umadevi Assistant Commissioner, Hindu Religious and charitable Endowments Department, Salem636 001. 17.The Present Administrator Arulmigu Venugobalaswamy Temple and Groups, Chinnakadai Veethi, Salem Town, Salem- 636 001.

18.K.Rajendran, S/o.Kandasamy, 84-A, Gopinadhapuram, Chakkarachettypatti Post, Omalur Taluk, Salem District. (R18 IMPLEADED VIDE ORDER DT 10.03.2022 MADE IN WMP.1862/2022 IN WP.409/2022 BY VMVJ)

19.Dr.C.T.Kiruba, S/o.Late Mr.Thangaiya, 5, Rajaji Road, Salem 636 007. (R19 IMPLEADED VIDE ORDER DT 10.03.2022 MADE IN WMP.2475/2022 IN WP.409/2022 BY VMVJ) ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the respondent 5 to 15 to take appropriate steps to secure and safeguard the entire properties belonging to 17th respondent temple and its administrations to avoid any loss in future and consequentially issue direction directing the respondents 1 to 4 to initiate appropriate departmental action as against the officials who failed to safeguard the 17th respondent temple properties, by considering petitioner representations dated 27.06.2018 and 23.12.2021.

For Petitioner(s):

Mr.R.Marudhachalamurthy For Respondent(s):

Mrs.Yamuna Bevi, Special Government Pleader for R1 to R4, R6 to R13 Mr.K.Karthikeyan, Government Advocate (HR&CE) for R5, R14 and R15 Mr.M.Devaraj for R18 Ms.G.Jayalaskhmi for M/s.AAV Partner for R19 Order The petitioner has filed this writ petition to direct the official respondents to take appropriate steps to secure and safeguard the entire properties belonging to 17th respondent temple and to initiate appropriate departmental action as against the officials who failed to safeguard the 17th respondent temple properties, by considering petitioner representations.

2. The case of the petitioner is that he is an ardent devotee to the 17th respondent Temple and to safeguard the interest of 17th respondent Temple, he had given several representations to the official respondents with a request to secure the properties of temple. Since the said representations did not yield any results, the petitioner is constrained to approach this Court by filing this petition.

3. The learned Special Government Pleader (HR &CE) submitted that appropriate action was taken on the representations of the petitioner. It was found that there are 84 encroachers in the property belonging to the said Temple. Further action under Section 78 of the Act were initiated against all of them. The encroachers also filed eight Civil Suits before the Trial Court in O.S.No.164/2021, O.S.No.412/2021, O.S.No.369/2021, O.S.No.479/2021, O.S.NO.503/2021, O.S.No.480/2021, O.S.NO.498/2021 and O.S,No.474/2019 and they are pending. Hence, this Court may issue direction to the petitioner to implead himself as party in the Original Suits and get along with the case therein.

4. Heard both sides and also perused the materials available on record.

5. This Court without making any observations on the merits of the matter, since the matter is pending before the Sub Court, Salem vide eight Suits for adjudication on merits, directed the petitioner to file impleading petitions in the respective Suits therein and adjudicate the issue. Further, the Trial Court is directed to dispose all the Suits within a period of six months from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above terms. No costs. Consequently connected miscellaneous petitions are dismissed. 02-03-2026 Index: Yes/No Speaking/Non-speaking order SK Note: Registry is directed to mark a copy of this order to the Sub Court, Salem, for due compliance of this order.