A.Radhakrishnan v. The Secretary To Government

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 the Government, Public Department, Secretariat, Chennai - 600 009.

2.The Secretary to the 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, Chennai - 600 009.

5.The Commissioner of Revenue Administration, Chepauk.

6.The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

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7.The Director of Survey and Settlement, Chepauk, Chennai - 600 005.

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

9.The Director, Hindu Charitable Institutions Audit Department, Tenampet, Chennai - 600 028.

10.The Inspector General of Registrations, 100, Santhome High Road, Chennai - 600 028.

11.The District Executive Magistrate cum District Collector, Salem Town - 636 001.

12.The Additional District Executive Magistrate cum District Revenue Divisional Officer, Salem - 636 001.

13.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Mettur, Salem District 14.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Sankari, Salem District.

15.The Taluk Executive Magistrate cum Tahsildar, Omalur Taluk, Salem District.

16.The Taluk Executive Magistrate cum Tahsildar, Edappadi Taluk, Page No.2 of 10

Salem District.

17.The Tahsildar, Temple Lands, Arulmigu Kottai Peirya Mariamman Temple Campus, Salem Town - 636 001 18.The Inspector General of Police, West Zone, Coimbatore - 648 020.

19.The Deputy Inspector General of Registration Registrations Department, Kumaragiri Bye Pass, Salem - 636 014.

20.The Assistant Director, Panchayats, Collectorate Campus, Salem Town - 636 001.

21.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Salem Town - 636 001.

22.The Assistant Commissioner Hindu Religious & Charitable Endowments Department, Salem Town - 636 001.

23.The Inspector, Hindu Religious & Charitable Endowments Department, Omalur, Salem District.

24.The Managing Trustee, Arulmigu Kandasamy Thirukoil, Chinnappampatti, Pappampadi Village, Omalur Taluk, Salem District.

... Respondents Page No.3 of 10

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 8 to 23 to secure and safeguard the properties of 24th respondent temple with the coordination of 1 to 8 respondents herein and restore the properties and administrations of the 24th respondent temple by considering petitioner's representation dated 28.06.2020.

For Petitioner : Party-in-Person For Respondents : Mr. L.S.M.Hasan Fizal Additional Government Pleader [R1, R3, R7, R10, R19 & R20] Mr.U.Baranidharan Additional Government Pleader [R2, R5, R6, R11 to 16] Mr.N.R.R.Arun Natarajan Special Government Pleader [R4, R8, R9, R17, R21 to R23] Mr.L.Baskaran Government Advocate (Crl.Side) [R18] Mr. S.P.Yuvaraj [R24] *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents 8 to 23 to secure and safeguard the properties of 24th respondent temple with the coordination of respondents 1 to 8 and restore the properties and administrations of the 24th respondent temple by considering petitioner's representation dated 28.06.2020.

2. The case of the petitioner is that, he is an ardent devotee of the 24th respondent temple, namely Arulmigu Kandasamy Thirukoil and the Page No.4 of 10

said temple is very famous and familiar, not only in that locality but also in the entire village. The temple have several properties, including few properties registered on the files of Sub Registrar, Omalur, Salem District. Further, the 24th respondent temple is under the administration and control of the 8th respondent department and the respondents 21 to 23 are bound to monitor the management of the said temple, however they failed to take care of the temple, which led to huge monitory loss to the said temple. Hence, the petitioner had made representation dated 28.06.2020 before the respondents. Since the same was not considered, the petitioner has filed the present writ petition before this court.

3. Though very many grounds have been raised in this writ petition, the petitioner (Party-in-Person) submits that, it would suffice, if this court, issues a direction to the respondents 8 to 23 to secure and safeguard the properties of 24th respondent temple with the coordination of respondents 1 to 8 and restore the properties and administrations of the 24th respondent temple by considering petitioner's representation dated 28.06.2020, within a time frame that may be stipulated by this court.

4. Learned respective counsel appearing for the respondents Page No.5 of 10

submitted that the representation of the petitioner dated 28.06.2020 will be considered on merits and in accordance with law and appropriate orders will be passed, as expeditiously as possible.

5. Considering the limited request made by the petitioner (Party-inPerson), this court, without going into the merits of the case, directs the respondents 8 to 23 to secure and safeguard the properties owned by the 24th respondent temple by considering the representation of the petitioner dated 28.06.2020, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

30.09.2024 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Secretary to the Government, Public Department, Secretariat, Page No.6 of 10

Chennai - 600 009.

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

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

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

5. The Commissioner of Revenue Administration, Chepauk

6. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

7. The Director of Survey and Settlement Chepauk, Chennai - 600 005.

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

9. The Director, Hindu Charitable Institutions Audit Department, Tenampet, Chennai - 600 028.

10. The Inspector General of Registration, Page No.7 of 10

100, Santhome High Road, Chennai - 600 028

11. The District Executive Magistrate cum District Collector, Salem Town - 636 001

12. The Additional District Executive Magistrate cum District Revenue Divisional Officer, Salem - 636 001.

13. The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Mettur, Salem District

14. The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Sankari, Salem District.

15. The Taluk Executive Magistrate cum Tahsildar, Omalur Taluk, Salem District.

16. The Taluk Executive Magistrate cum Tahsildar, Edappadi Taluk, Salem District.

17. The Tahsildar, Temple Lands, Arulmigu Kottai Peirya Mariamman Temple Campus, Salem Town - 636 001

18. The Inspector General of Police, West Zone, Coimbatore - 648 020.

19. The Deputy Inspector General of Registration Registrations Department, Kumaragiri Bye Pass, Page No.8 of 10

Salem - 636 014

20. The Assistant Director, Panchayats, Collectorate Campus, Salem Town - 636 001.

21. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Salem Town - 636 001.

22. The Assistant Commissioner Hindu Religious & Charitable Endowments Department, Salem Town - 636 001.

23. The Inspector, Hindu Religious & Charitable Endowments Department, Omalur, Salem District.

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M.DHANDAPANI, J.

sp 30.09.2024 Page No.10 of 10