Madras High CourtWP/25517/2024disposed of with direction

A.Radhakrishnan v. The Secretary To Government

2024-09-30Honourable Mr Justice M.Dhandapani10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A. Radhakrishnan ...

Petitioner Vs

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

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

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

4. The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chenani - 600 009.

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

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

7. The Chief Auditing Officer, Hindu Religious & Charitable Endowments, 119, Nungambakkam High Road, Chennai - 600 034.

8. The District Executive Magistrate cum District Collector, Krishnagiri.

9. The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Krishnagiri.

10. The Taluk Executive Magistrate cum Tahsildar, Krishnagiri.

11. The Tahsildar, Temple Lands, Krishnagiri.

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

13. The Deputy Inspector General of Registrations, Kumaragiri Bye Pass, Salem - 636 014.

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14. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvannamalai. *

15. The Assistant Director, Town Panchayats, Krishnagiri.

16. The Assistant Director, Panchayats, Krishnagiri.

17. The Assistant Commissioner, Hindu Religious and Charitable Endowments Deparmtent, Krishnagiri.

18. The Executive Officer, Arulmigu Kavi Sendraya Perumal Swamy Temple, Errahalli Village, Krishnagiri Taluk and District.

19. The Hereditary Trustee / Fit Person, Arulmigu Kavi Sendraya Perumal Swamy Temple, Errahalli Village, Krishnagiri Taluk and District.

...

Respondents * Cause Title amended as per order, dated 30.08.2024 in W.P. No.25517 of 2024.

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to secure and safeguard 3/10

the 18th respondent temple properties and its administration by considering the petitioner representation, dated 27.08.2014 and 20.08.2024. For petitioner : Party-in-person For respondents : Mr.Yogesh Kannadasan Spl. Govt. Pleader for R1 & R3 Mr.U. Baranidharan, Addl. Govt. Pleader for RR2, 5, 8 to 10 Mr.S.Ravichandran Addl. Govt. Pleader (HR & CE) for RR4, 6, 7, 11, 14, 17 to 19 Mr.L.S.M. Hasan Fizal Addl. Govt. Pleader for RR12, 13, 15 & 16

ORDER

This writ petition has been filed for Mandamus directing the respondents to secure and safeguard the 18th respondent temple properties and its administration by considering the petitioner representation, dated 27.08.2014 and 20.08.2024.

2. It is stated that the petitioner is an ardent devotee of the 18th respondent temple. It is further stated that he came to know that the properties belonging to the 18th respondent temple were alienated by some miscreants. Even though the aforesaid illegalities were brought to the knowledge of the 6th respondent, who is controlling and administering the 4/10

18th respondent temple, they have not been responded effectively to safeguard the properties belonging to the said temple. Hence, the petitioner submitted representations to the respondents, dated 27.08.2014 and 20.08.2024 ventilating the aforesaid grievances. But till date, the same has not been responded. Hence this writ petition.

3. The Party-in-Person appeared before this Court and submitted that his representation was not considered by the respondents in a proper manner to safeguard the properties belonging to the 18th respondent temple. He submitted that though combined level meeting was conducted by the 11th respondent and a report, dated 27.09.2024 was filed, no further action was taken by the respondents to protect the aforesaid temple property. Hence, it would suffice, if a direction is issued to the respondents to consider the aforesaid representations of the petitioner so as to prevent the properties of the 18th respondent temple.

4. Heard the submissions made by the learned counsel appearing for the respective respondents and they have no serious objection for issuance of such a direction in the above regard, within a time to be stipulated by this Court.

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5.This Court also perused the report submitted by the 11th respondent, dated 27.09.2024.

6. Considering the limited request made by the petitioner, without going into the merits, this Court directs the 6th respondent to consider the petitioner's representations, dated 27.08.2014 and 20.08.2024 and to take further action to secure the properties of the 18th respondent temple, within a period of twelve weeks from the date of receipt of a copy of this order. Further direction was also issued to initiate all necessary steps to prevent any further illegalities, fraudulent execution of documents etc., in respect of 18th respondent temple as expeditiously as possible.

7. With the aforesaid directions, this writ petition is disposed of. No costs.

30.09.2024 Index: Yes/ No Speaking order / Non speaking order vsi2 To