Madras High CourtWP/15003/2025disposed of

A.Radhakrishnan v. The Secretary To Government

2025-04-25Honourable Mr Justice D.Bharatha Chakravarthy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY A.Radhakrishnan (P-IN-P) ... Petitioner Vs 1.

The Secretary to Government, Public (Law & Order B) Department, Secretariat, Chennai -600 009.

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

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

The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai -600 009.

The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai -600 009.

The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai -600 009.

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The Secretary to Government, Commercial Taxes and Registrations Department, Secretariat, Chennai -600 009.

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

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

10.

The Director General of Police and Head of the Police Force, Dr.Radhakrishnan Salai, Chennai -600 004.

11.

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

12.

The District Executive Magistrate Cum District Collector, District Collector, Namakkal- -637 003.

13.

The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Tiruchengode -637 211, Namakkal District.

14.

The Deputy Inspector General of Police, Salem Range, Salem -636 007.

15.

The Municipal Commissioner, Tiruchengode - 637 211, Namakkal District.

16.

The Joint Commissioner, Hindu Religious & Charitable Endowments Department, 9/2, Jeevanantham Nagar, 2/9

Erode -638 002.

17.

The Chairman, Board of Trustees, Arulmigu Arthanareeswarar Sub and Group Temples, Tiruchengode -637 211, Namakkal District.

18.

The Assistant Commissioner/Executive Officer, Arulmigu Arthanareeswarar Sub and Group Temples, Tiruchengode -637 211, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing 11th respondent to address and redress the anomaly on the properties of the 18th respondent temple properties by considering the petitioner representation dated 14.05.2019 on par with 9th respondent's instruction in RoC No.RA7 (1)/31/2022 dated 03.01.2022. For Petitioner : Mr.A.Radhakrishnan (P-IN-P) For R1 to R9 : Mr.S.Senthil Murugan Special Government Pleader For R10 & R14 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R11, 16, 17 & 18 : Mr.S.Ravichandran Additional Government Pleader

ORDER

This writ petition is filed to direct the 11th respondent to address and redress the anomaly in the properties of the 18th respondent temple by 3/9

considering the petitioner's representation dated 14.05.2019 on par with the 9th respondent's instruction in ROC No.RA7(1)/31/2022 dated 03.01.2022.

2. Upon perusal of the said representation dated 14.05.2019, the grievance of the petitioner relates to two temples. As far as Arulmighu Kailasa Nadhar Temple, Tiruchengode Town is concerned, the grievance of the petitioner Is that the compound wall of the said heritage temple is in a dangerous condition. There are also other reports that is to be conducted in respect of the said temple and therefore, he seeks immediate action.

3. When the matter came up for admission, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 9 produced the proceedings of the Assistant Commissioner dated 10.04.2025, 13.04.2025, and 15.04.2025, which also enclosed the comments of the heritage committee that carried out the inspection.

4. It can be seen from the inspection that it is admitted that the compound wall is slanting outwards. Some of the stones are also found to be damaged, and the defects are also noted. Therefore, two things need to be 4/9

conducted: one, since the compound wall is a heritage wall made of stone, if it suddenly collapses, there should not be any loss of human life or property. In this regard, as per the proceedings of the Assistant Commissioner, it has been held that steps are being taken to give notice and further steps will be taken to ensure that nobody goes near the said place where the compound wall is dilapidated. Appropriate instructions will be issued and it shall be ensured that the place is barricaded and there is no human movement near the said place. It is also stated that steps will be taken to repair the same in due course.

5. In view thereof, with reference to the Kailasa Nathar Temple: Proper signboards shall be erected near the compound wall where it is said to be in a precarious condition. Temporary barricades shall also be erected near the location to prevent any loss of human life or property in the event of an unfortunate collapse. The respondents shall take up the issue of repair/restoration of the compound wall, as it is a heritage stone structure, in accordance with the applicable rules and procedures and endeavor to repair/renovate the same as early as possible.

6. As far as the Arulmighu Bhadra Kaliamman Temple is concerned, the grievance of the petitioner is that the structure of the said temple is also 5/9

becoming dilapidated. The same shall also be inspected by the 16th respondent and steps be taken as per law. As for the remaining grievances, the petitioner's representation concerns the properties of both temples. In this regard, the petitioner shall make a fresh representation along with a copy of this order to the 16th respondent and the 16th respondent shall take up the same for consideration by duly issuing notice to the petitioner. A list of the movable and immovable properties belonging to the temple shall be maintained and if any of them are found to be encroached upon by third parties, appropriate action shall be taken in accordance with law to safeguard the temple properties.

7. The aforesaid exercise shall be completed within a period of sixteen weeks from the date of filing the representation by the petitioner. Needless to state, the proceedings of the 16th respondent shall also bring to the notice of the appropriate authorities with reference to the order dated 03.01.2022 of the Principal Secretary-cum-Revenue Administration, under which it was ordered that the revenue records in respect of the temples be restored and maintained properly.

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8. In view thereof, this writ petition is disposed of. No costs. 25.04.2025 nsl To 1.

The Secretary to Government, Public (Law & Order B) Department, Secretariat, Chennai -600 009.

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

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