Madras High CourtWP Crl./481/2025disposed of

A Radhakrishnan v. The Director General Of Police

2025-08-05Honourable Mr.Justice D.Bharatha Chakravarthy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-08-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND WPMP CRL. NO. 228 OF 2025

1. A Radhakrishnan S/o. T. Arumuga Gounder, 38, MEttu Agraharam, Salem-636001.

Appellant(s) Vs

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

2.The Additional Director General of Police Law and order, Chennai-600 004.

3.The Inspector General of Police Intelligence Wing, Chennai-600 004.

4.The Inspector General of Police West Zone, Coimbatore.

5.The Superintendent of Police Coimbatore.

6.The Deputy Superintendent of Police Pollachi.

7.The Inspector of POlice Special Branch, Coimbatore.

8.The Inspector of Police Negamam Police Station, Coimbatore District.

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

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

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

12.The Commissioner of Revenue Administration Chepauk, Chennai 600005.

13.The Commissioner Hindu Religious and Charitable Endowments, Department, 119, Nugambakkam High Road, Chennai 600034.

14.The District Executive Magistrate cum District Collector Coimbatore.

15.The Joint Commissioner, Hindu Religious and Charitable Endowments, Department, Coimbatore.

16.The Assistant Commissioner Hindu Religious and Charitable Endowments, Department, Coimbatore.

17.The Managing trustee, Arulmigu Sendaraya Perumal Temple, Chinna Negamam, Coimbatore.

Respondent(s) PRAYER This Writ Petition (Criminal) is filed under Article 226 of Constitution of India, praying to issue a writ order or direction more in the nature of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 8th respondent in 02/Ne.K.Ka.Ne dated 21.04.2025and quash the same, consequently issue direction directing the 4th to 8th respondents to provide necessary police protection to survey, demarcation and erecting boundary stones of temple property in respect of 17 th respondent temple properties and therby secure and safeguard the 17th respondent temple by considering petitioner representation dated 05.07.2025 and pass such further or other orders as this Court.

For Petitioner: Mr.A.Radhakrishanan, Party-in-person. For Respondent(s):

Dr.C.E.Pratap, Government Advocate (Crl.Side) for R1to R8 M/s.R.Poornima for R17

ORDER

This writ petition is filed with a prayer to call for the records relating to the order of the 8th respondent dated 21/4/2025 and to quash the same and consequently issue the direction directing the 4th to 8th respondents to provide necessary police protection for the survey demarcation and erection of boundary stones of the temple property in respect of the 17th respondent temple and thereby secure and safeguard the 17th respondent temple by considering the petitioners representation dated 5/7/2025.

2.Upon hearing the petitioner in person, who is appearing in the matter, and the learned government advocate (criminal side) appearing for the official respondents, and the learned counsel appearing on behalf of the temple, it can be seen that the temple is possessed of certain lands, and the HR&CE team along with the revenue officials want to survey the temple. When third persons

are creating law and issues, it is the duty of the concerned jurisdictional police to grant protection.

3. The learned government advocate (criminal side) appearing for the official respondents would submit that if they intimate the next date of surveying, due protection will be given. The same is recorded.

4. In view thereof, the 17th respondent temple, by marking a copy to the petitioner, shall inform the next date which they propose for conducting the survey of the properties of the temple, and upon receipt of the said letter, the 5th and 8th respondents are directed to give the necessary protection for the purpose of the surveying of the land.

5. It is also made clear that if there are 3rd party encroachers, then it will be open for the HR&CE department to invoke the provisions of the HR&CE Act and evict them as per due process of law. Without any possession or semblance of right, if unconnected parties form as a mob and create a ruckus, then appropriate action in accordance with law shall also be taken.

In view of the above, this writ petition (criminal) is disposed. No costs. Consequently, the connected miscellaneous petition is closed. 05-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director General of Police Head of the Police Force, Dr.Radhakrishnan Salai, Chennai-600 004.