V.Subramaniam v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Subramaniam S/o.Venkadu Poosari Petitioner Vs
1. The Principal Secretary to Government, Tourism, Culture And Religious Endowments Department, 9th Floor, Fort St. George, Secretariat, Chennai 9. 2.The Commissioner, Hindu Religious And Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34. 3.The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Chinnamuthu 2nd Street, Near Trust Hospital, Erode 638 011.
4.The Assistant Commissioner, Hindu Religious And Charitable Endowments Department, Ex.Servicemen Buildings, II Floor, Erode 638 001. 5.The Fit Person Arulmigu Ezhudihya Marathaiyan Thirukoil, situated at Alampalayam Village, Andiyur Taluk, Erode District.
6.The Deputy Superintendent of Police, Anthiyur, Erode.
Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to act upon the representation dated 17.02.2025 on merits, take over the physical administration of Arulmigu Ezhudihya Marathaiyan Thirukoil, situated at Alamapalayam Village, Andiyur Taluk, Erode District and consequently, direct the third Respondent to contemplate disciplinary proceedings as against the then erring respondents 4 and 5 for misleading this Court while passing order dated 09.10.2018 in WP No 22901/ 2017.
For Petitioner : Mr.S.Madhana Chandran For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader [R1 to R5] Mr.Leonard Arul Joseph Selvam Government Advocate [Crl.side] [R6] *****
O R D E R
The Deputy Superintendent of Police, Anthiyur, Erode, is suo motu impleaded as the sixth respondent in this writ petition.
2. This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to act upon the representation made by the petitioner on 17.02.2025 wherein the petitioner has sought for initiating disciplinary proceedings against the respondents 4 and 5 for not taking any action to take over the temple under their administration 2/6
by appointing a fit person.
3. When the matter was taken up for hearing today, learned Special Government Pleader appearing on behalf of the HR & CE Department submitted that the appointment of a fit person became a subject matter of challenge in a suit in O.S.No.173 of 2017 on the file of Subordinate Court, Bhavani. This suit ultimately came to be dismissed by judgment dated 16.08.2022. Thereafter, when steps were taken to take over the management of the temple, law and order problem was created and officials were prevented. Learned Special Government Pleader submitted that all steps will be taken to take over the administration of the temple with police help.
4. In the light of the above submission, this Court suo motu impleaded the Deputy Superintendent of Police, Anthiyur, Erode, as the sixth respondent and Mr.Leonard Arul Joseph Selvam, learned Government Advocate [Crl.side], took notice on behalf of the impleaded sixth respondent.
5. Taking into consideration the facts and circumstances of the 3/6
case and the materials placed before this Court, there shall be a direction to the third respondent to take effective steps to take control of the temple by appointing a fit person and if any law and order problem is created, the impleaded sixth respondent shall provide police protection and take action against those persons, who are creating law and order problem.
This writ petition is disposed of with the above direction. No costs.
04.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm Note: Registry is directed to carry out necessary amendment in all the concerned records.
To 4/6
1. The Principal Secretary to Government, Tourism, Culture And Religious Endowments Department, 9th Floor, Fort St. George, Secretariat, Chennai 9.
2.The Commissioner, Hindu Religious And Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34. 3.The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Chinnamuthu 2nd Street, Near Trust Hospital, Erode 638 011.
4.The Assistant Commissioner, Hindu Religious And Charitable Endowments Department, Ex.Servicemen Buildings, II Floor, Erode 638 001. 5.The Fit Person Arulmigu Ezhudihya Marathaiyan Thirukoil, situated at Alampalayam Village, Andiyur Taluk, Erode District.
6.The Deputy Superintendent of Police, Anthiyur, Erode.
N.ANAND VENKATESH, J 5/6
gm 04.06.2025 6/6