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Madras High CourtWP/17188/2026disposed of with direction

A.Radhakrishnan v. The Secretary To Government,

2026-04-29Honourable Mr Justice M.Dhandapani9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI A.Radhakrishnan S/o.T.ArumugaGounder, 38, Mettu Agraharam, Salem 636001.

..Petitioner(s) Vs

1. The Secretary to Government, Tourism Culture and Religious Endowments Department, Secretariat, Chennai 600009.

2. The Secretary to Government, Revenue Department, Secretariat, Chennai600009

3. The Commissioner of Revenue Administration, Ezhilagam, Chepaukkam, Chennai 600 005.

4. The Commissioner of Land Administration, Ezhilagam, Chepaukkam, Chennai 600 005.

5. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai600034.

6. The Director of Hindu Religious and Charitable Endowments Audit Department, Theynampettai, Chennai 600 006.

7. The Inspector General of Registrations, 100, Santhome High Road, Chennai 600028.

8. The District Collector, Chennai- 600 001.

9. The District Revenue Officer, Chennai 10.The Corporation Commissioner, Chennai 11.The Chairman, Chennai Metropolitan Development Agency, Chennai.

12.The Commissioner of Police, Chennai 13.The Chairman, Chennai Metro Railway Limited, Chennai.

14.The Joint commissioner, Hindu Religious and Charitable Endowments Department, Mylapore, Chennai 600004 15.The assistant Commissioner, Hindu Religious and Charitable Endowments Department, Mylapore, Chennai 600004.

16.The Fit Person/Chairman,Board of Trustees, Arulmigu Kargambal Udanurai Kapaleeswarar Swamyand Group Temples, Mylapore, Chennai600004.

17.The Joint Commissioner/Executive Officer Arulmigu Karpagambal Udanurai Kapaleeswarar Swamy and Group Temples, Mylapore, Chennai 600004.

..Respondent(s) The writ petition is filed under Article 226 of Constitution of India,

seeking to issue a Writ of Mandamus, directing the respondents to rectify the anomalies stated in the audit report about 16threspondent temple administration and its assets by considering the petitioner representatiodate11.03.202an25.04.2026.

For Petitioner(s):

Mr.A.Radhakrishnan (Party-in-Person) For Respondent(s):

Mr.K.Karthikeyan, GA (HR & CE) Mr.V.Meghanathan, GA (Crl side) R12 Mr.M.Rajendiran, AGP for RR 2 to 4, 7 to 11

ORDER

The writ petition has been filed seeking a direction to the respondents to rectify the anomalies stated in the audit report about 16threspondent temple administration and its assets by considering the petitioner representatiodate11.03.202an25.04.2026.

2. It is the case of the petitioner that the 16th respondent temple is an ancient 7th Century Hindu Temple dedicated to Lord Shiva and Goddess Parvathy known as Kabaleeshwarar and Karpagambal situated in Mylapore, Chennai with a 124 feet tall Gopuram and sacred Punai Tree. The temple conducts the 10th days Arubathimoovar festival and 10 days Brahmotsavam every year. The Auditing Wing of the 5th respondent Department conducted an audit of the 16th respondent Temple and submitted a detailed report disclosed serious illegalities and irregularities in the temple administration and assets. The petitioner made a representation dated 11.03.2026 to the 5th respondent for

immediate appropriate swift action to rectify the anomalies. Since there was no action, a reminder representation was sent on 25.04.2026 to all the respondents.

3. It is the grievance of the petitioner that the 5th respondent has to rectify the anomalies mentioned in the audit report along with other respondent, and without intervention of other respondents, the 5th respondent is not in a position to address and redress the anomalies. The inaction will seriously prejudice the interest of the 16th respondent temple, which is not sustainable.

4. The learned Government Advocate appearing for the respondents, on instructions, submitted that if the petitioner's representations are pending, the 5th respondent will consider the same and take appropriate action in accordance with law within a reasonable time to be fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

6. The 16th respondent temple is a public religious institution and a minor under Section 6(17) of the Tamil Nadu HR and CE Act. The authorities are bound to protect its properties and ensure proper administration. When the audit conducted by the department itself discloses serious illegalities, the 5th respondent is duty-bound to act upon the same. Inaction amounts to abdication

of statutory duty.

7. This Court is not expressing any opinion on the merits of the allegations. However, the petitioner's representations deserve to be considered and disposed of in a time-bound manner.

8. Therefore, this Court directs the 5th respondent to consider the petitioners representation dated 11.03.2026 and 25.04.2026 and take appropriate action on the audit report relating to the 16th respondent temple, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8.1. The 5th respondent shall afford an opportunity of hearing to the petitioner and other necessary parties before passing final orders. 8.2. A reasoned speaking order shall be passed and communicated to the petitioner within the said period of twelve weeks. 8.3 . It is made clear that this Court has not expressed any opinion on the merits of the case and the 5th respondent shall take an independent decision based on the audit report and materials available.

9. With the above directions, the writ petition stands disposed of. No costs. 29-04-2026 Index: Yes/No Speaking/Non-speaking order rli

1. The Secretary to Government, Tourism Culture and Religious Endowments Department, Secretariat, Chennai 600009.

2. The Secretary to Government, Revenue Department, Secretariat, Chennai600009

3. The Commissioner of Revenue Administration, Ezhilagam, Chepaukkam, Chennai 600 005.

4. The Commissioner of Land Administration, Ezhilagam, Chepaukkam, Chennai 600 005.

5. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai600034.

6. The Director of Hindu Religious and Charitable Endowments Audit Department, Theynampettai, Chennai 600 006.

7. TheInspector General of Registrations, 100, Santhome High Road, Chennai 600028.

8. The District Collector, Chennai- 600 001.

9. The District Revenue Officer, Chennai 10.The Corporation Commissioner, Chennai 11.The Chairman, Chennai Metropolitan Development Agency, Chennai. 12.The Commissioner of Police, Chennai

13.The Chairman, Chennai MetroRailway Limited, Chennai.

14.The Joint commissioner, Hindu Religious and Charitable Endowments Department, Mylapore, Chennai 600004 15.The assistant Commissioner, Hindu Religious and Charitable Endowments Department, Mylapore, Chennai 600004.

16.The Fit Person/Chairman,Board of Trustees, Arulmigu Kargambal Udanurai Kapaleeswarar Swamy and Group Temples, Mylapore, Chennai600004.

17.The Joint Commissioner/Executive Officer Arulmigu Karpagambal Udanurai KapaleeswararSwamy and Group Temples, Mylapore, Chennai 600004.

M.DHANDAPANI, J.

rli 29-04-2026