A.Radhakrishnan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Radhakrishnan ..
Petitioner Vs.
1. The Secretary to Government Tourism, Culture & Endowments Department Secretariat Chennai 600 009.
2. The Commissioner 119, Nungambakkam High Road Chennai 600 034.
3. The Director General of Police Dr.Radhakrishnan Salai Chennai 600 004.
4. The District Collector Namakkal.
5. The Superintendent of Police Namakkal.
6. The Sub Division Executive Magistrate cum Revenue Divisional Officer Tiruchengode Namakkal District.
7. The Deputy Superintendent of Police Anti Land Grabbing Special Cell Namakkal.
8. The Deputy Superintendent of Police Tiruchengode Namakkal District.
9. The District Registrar Namakkal.
10.The Joint Commissioner Salem 636 001.
11.The Assistant Commissioner Namakkal.
12.The Executive Officer Arulmigu Dhamodhara Perumal Thirukoil Komarapalayam, Namakkal District.
13.J.K.K.Munirajah ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 to take appropriate action as against the erring officials, who failed to safeguard the 12th respondent temple property situated in S.F.No.10/2 at Komarapalayam Agraharam Village, Namakkal District and
consequentially issue appropriate direction to second respondent Department to secure and safeguard the above said 12th respondent property by considering the petitioner representations dated 22.09.2014 and 07.01.2020.
For the Petitioner : Ms.Monolisa For Mr.R.Marudhachalamurthy For the Respondents : Mr.C.Kathiravan Special Government Pleader for Respondents 1, 3 to 9 Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) for Respondents 2, 10 & 11 Mr.Wilson S.Topas For M/s.A.S.Kailasam & Assts.
For Respondent-12 Mr.S.Viswanathan For M/s.Dass & Viswa Assts.
For Respondent-13
ORDER
(Made by the Hon'ble Chief Justice) We have heard Ms.Monolisa, learned counsel for Mr.R.Marudhachalamurthy, learned counsel for the petitioner,
Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1 and 3 to 9, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the respondents 2, 10 and 11, Mr.Wilson S.Tepas, learned counsel for the 12th respondent and Mr.S.Viswanathan, learned counsel for the 13th respondent.
2. Learned Special Government Pleader (HR & CE) submits that action under Section 78 of the Hindu Religious and Charitable Endowments Act and the other provisions would be initiated in respect of the properties, as there are no prohibitory orders against Hindu Religious and Charitable Endowments Department. The said action would be initiated preferably within three months.
3. In view of that, we are not inclined to adjudicate any issue in the matter. The writ petition, as such, stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :
Yes/No :
Yes/No
kpl To
1. The Secretary to Government Tourism, Culture & Endowments Department Secretariat, Chennai 600 009.
2. The Commissioner 119, Nungambakkam High Road, Chennai 600 034.
3. The Director General of Police Dr.Radhakrishnan Salai, Chennai 600 004.
4. The District Collector, Namakkal.
5. The Superintendent of Police, Namakkal.
6. The Sub Division Executive Magistrate cum Revenue Divisional Officer, Tiruchengode Namakkal District.
7. The Deputy Superintendent of Police Anti Land Grabbing Special Cell, Namakkal.
8. The Deputy Superintendent of Police, Tiruchengode, Namakkal District.
9. The District Registrar, Namakkal.
10.The Joint Commissioner Salem 636 001.
11.The Assistant Commissioner Hindu Religious & Charitable Endowments Department, Namakkal. 12.The Executive Officer, Arulmigu Dhamodhara Perumal Thirukoil Komarapalayam, Namakkal District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 02.01.2024