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Madras High CourtWP/17193/2026disposed of with direction

A.Radhakrishnan v. The Secretary To Government,

2026-04-29Honourable Mr Justice M.Dhandapani8 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.Arumuga Gounder, 38, Mettu Agraharam, Salem 636001.

..Petitioner(s) Vs

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

2. The Commissioner, Department, 119 , Nungambakkam High Road, Chennai-600009.

3. The District Executive Magistrate/Collector, Dharmapuri

4. The Taluk Executive Magistrate/Tahsildar, Nallampalli Taluk,

5. The Special Tahsildar, Temple Lands, Dharmapuri.

6. The Land Acquisition Officer and The Special Tahsildar, Adi-Dravidar Welfare Department, Collectorate Campus, Dharmapuri.

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

8. The Deputy Inspector General of Registrations, Udayapatti Bye pass Road, Salem-636014.

9. Th Assistant Director of Survey, Collectorate Campus, Dharmapuri.

10.The Chief Educational officer, Dharmapuri.

11.The Joint Commissioner, Department, Dharmapuri.

12.The Assistant Commissioner, Department, Dharmapuri.

13.The Inspector Department, Dharmapuri.

14.The Present Administrator, Arulmigu Kaligadevi Amman Temple, Athiyamankottai, NallampalliTaluk, ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent temple properties and appoint a Fit person and thereby secure and safeguard the 14th respondent temple properties and its administration by considering the petitioner representation dated 03.11.2025 and 25.04.2026 and pass For Petitioner(s):

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

Mr.K.Karthikeyan GA (HR & CE) Mr.V.Meghanathan, GA (Crl side) R7 Mr.M.Rajendiran, AGP RR3 to 6 and 8 to 10

ORDER

The writ petition has been filed seeking a direction to the 2ndrespondent temple properties and appoint a Fit person and thereby secure and safeguard the 14threspondent temple properties and its administration by considering the petitioner representation dated 03.11.2025 and 25.04.2026

2. It is the case of the petitioner that the 14th respondent temple, is an ancient, famous and familiar temple. The origin of the endowment traces back to a registered Gift deed bearing Document No.3945 of 1919 dated 11.02.1919 on the file of the Sub-Registrar Office, Dharmapuri. The temple is a public temple used by devotees and the general public for worship as a matter of right for several decades. It is endowed with various agricultural lands in different survey numbers, intended for its maintenance and for carrying out religious activities. Portions of the endowed lands have been acquired by the AdiDravidar Welfare Department. And the compensation amount is presently under the custody of a competent Court. Further, certain portions of the temple lands have been illegally altered, alienated, and transferred without obtaining prior sanction from the competent authority as mandated under the HR & CE Act. Such alienation are void in law.

3. In view of the serious threat to the temple properties and

mismanagement, the petitioner submitted a detailed representation on 03.11.2025 to the second respondent, requesting intervention, protection of temple properties, and appointment of a Fit person. Despite lapse of several months, no action was taken. The petitioner subsequently submitted a reminder representation dated 23.04.2026 to all the respondents, seeking urgent action. The continued inaction has resulted in further risk of illegal encroachments, alienations, and deterioration in the administration of the temple. Hence, the present writ petition.

4. The learned Government Advocate appearing for the respondents on instructions, submitted that the petitioner's representation will be considered by the 2nd respondent and appropriate action will be taken in accordance with law.

5. The 14th respondent temple is a public religious institution and a minor under Section 6(1and) of the Tamil Nadu HR and CE Act. The authorities are vested with a statutory duty to protect its properties under Section 21, 34, 63(a), 64 and 78 of the Act. When illegal alienation and mismanagement are brought to the notice of the competent authority, it is the statutory duty of the 12th respondent to act upon the same without delay.

6. 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.

7. The 2nd respondent is directed to consider the petitioners representations dated 03.11.2025 and 23.04.2026 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7.1. The 2nd respondent shall afford an opportunity of hearing to the petitioner before passing final orders.

7.2. A reasoned speaking order shall be passed and communicated to the petitioner within the time.

7.3. It is made clear that this Court has not expressed any opinion on the merits of the matter and the 2nd respondent shall take an independent decision based on records and in accordance with the HR and CE Act.

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

To

1. The Secretary to Government, Tourism Culture and Religiou sEndowments Department, Secretariat, Chennai-600009.

2. TheCommissioner, Department, 119 , Nungambakkam High Road, Chennai-600009.

3. The District Executive Magistrate/Collector, Dharmapuri

4. The TalukExecutive Magistrate/Tahsildar, Nallampalli Taluk,

5. The Special Tahsildar, Temple Lands, Dharmapuri.

6. ThLandlanAcquisitionOfficerandTheSpecialTa hsildar, Adi Dravidar Welfare Department, Collectorate Campus, Dharmapuri.

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

8. The Deputy Inspector GeneralofRegistrations, Udayapatti Bye pass Road, Salem-636014.

9. Th Assistant Director of Survey, Collectorate Campus,Dharmapuri.

10.The Chief Educational officer, Dharmapuri.

11.The Joint Commissioner, Department, Dharmapuri.

12.The Assistant Commissioner,

Department, Dharmapuri.

13.ThInspector Department, Dharmapuri.

14.The Present Administrator, Arulmigu Kaligadevi Amman Temple, Athiyamankottai, NallampalliTaluk,

M.DHANDAPANI, J.

rli 29-04-2026