Madras High CourtWP/12507/2021disposed of with direction

A.Radhakrishnan v. The Secretary To Government

2024-09-13Honourable Mr Justice M.Dhandapani11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Radhakrishnan ... Petitioner Vs.

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

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

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

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

5.The Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

6.The Commissioner of Land Administration, Chepauk, Chennai-600 005.

7.The Director of Survey and Settlements, Chepauk, Chennai-600 005.

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

9.The Additional Director General of Police, Idol Wing CID, Guindy, Chennai-600 032.

10.The District Collector, Salem.

11.The Commissioner of Police, Salem City.

12.The Regional Deputy Director of Survey and Land Records, Collectorate Campus, Coimbatore.

13.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Salem.

14.The Taluk Executive Magistrate cum Tahsildar, Salem.

15.The Commissioner, Salem City Municipal Corporation, Salem.

16.The Assistant Commissioner of Corporation, Hasthampatty Zone, Salem-636 007.

17.The Inspector of Police, Kannankurichi Police Station, Salem-636 008.

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

19.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Salem-636 001.

20.The Fit Person, Arulmigu Murugan Temple Near Chinnathirupathy Highway Road, Salem-636 008.

21.P.Thangaraj 22.P.Jagannathan 23.P.Suseela

24.P.Chandran 25.P.Sundararaj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents 10 to 17 to survey the respondent No.20 Temple land and fix the boundaries and consequentially issue direction directing the respondents 1 to 9 and 15 to 19 to secure and safeguard the respondent No.20 by considering the petitioner's representation dated 30.04.2021.

For Petitioners :

Party-in-person For Respondents :

Mr.U.Baranidharan Additional Government Pleader for RR1 to 3, 5 to 14 and 17 Mr.K.Karthikeyan, Government Advocate (HR & CE) for R4, R18 and R19 Ms.N.Devi for R15 and R16 Mr.A.M.Esakkiappan for R21 to R24 No appearance for R20 and R25

O R D E R

Though this Court has disposed of this writ petition on 06.09.2024, however before the order could be typed, on the mentioning made by the petitioner/party-in-person, the case was directed to be listed once again for hearing. However, erroneously, it was listed under the caption for being mentioned. Therefore, it is made clear that the case is taken up for further hearing and the matter is disposed of by this order.

2. This Writ Petition has been filed to direct the respondents 10 to 17 to survey the land of the respondent No.20 Temple and fix boundaries and direct the respondent Nos.1 to 9 and 15 to 19 to secure and safeguard the respondent No.20 Temple, by considering the petitioner's representation dated 30.04.2021.

3. The petitioner/party-in-person appeared before this Court and submitted that he is a devotee of Arulmigu Murugan Temple situated in Town Survey No.9, Block-2, Ward-G, Chinnathirupathy Highway Road,

Salem and the said Temple is in dilapidated condition. In order to renovate the Temple, the petitioner made a representation on 30.04.2021, however, the same has not been considered. He further submitted that S.A.No.1231 of 2019 pending before this Court is pertaining to different properties and not to the Temple properties and therefore, there is no bar for the Department to renovate the respondent No.20 Temple.

4. In reply, the learned Additional Government Pleader appearing for the respondent Nos.1 to 3, 5 to 14 and 17 submits that the Hindu Religious and Charitable Endowments Department will consider whether it is fit for taking over the Temple and if so, the representation of the petitioner made for renovation of the Temple will be considered.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent Nos.1 to 9 and 15 to 19 to consider the representation of the petitioner, dated 30.04.2021 and pass appropriate orders, on merits and in

accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

13.09.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb

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