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Madras High CourtWP/33573/2025disposed of with direction

Po. G.Kalibalaji v. The State Rep. By Its,

2025-09-08Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Po.G.Kalibalaji ... Petitioner Vs.

1.The State rep. by its, The Secretary to Government, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai - 600 009.

2..The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3.The District Collector, Office of the District Collector, Villupuram - 605 602.

4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, District Collectorate Special Scheme Campus, Villupuram - 605 602.

5.Ethiraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 4th respondent to consider the petitioner's representation dated 23.10.2024 to take appropriate steps to take over the said land and the incomplete Page No.1 of 6

Krishna Temple at Brahmadesam Village, Marakkanam Taluk, Villupuram District, under the management and administration of the Hindu Religious and Charitable Endowments Department to safeguard faith and temple funds.

For Petitioner : Mr.D.Mario Johnson For Respondents : Mr.S.Ravichandran Additional Government [R1 to R4] Notice dispensed with [R5] *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the 4th respondent to consider the petitioner's representation dated 23.10.2024 to take appropriate steps to take over the said land and the incomplete Krishna Temple at Brahmadesam Village, Marakkanam Taluk, Villupuram District, under the management and administration of the Hindu Religious and Charitable Endowments Department to safeguard faith and temple funds.

2. Since no adverse order has been passed against the 5th respondent, notice to the 5th respondent is dispensed with.

3. Mr.S.Ravichandran, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 4. In view of the consent Page No.2 of 6

expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The case of the petitioner is that the 5th respondent and five others have initiated a collection drive under the pretext of constructing a large Krishna temple under the name "Sri Radha Rukmani Sametha Sri Krishna Temple. By using the amount collected, they have purchased five cents of land in their own names for temple construction and so far, the temple was not fully constructed and the same is in dilapidated condition. They have misled and cheated the villagers by performing Bhoomi Pooja thrice and collecting funds each time in the name of temple construction, thereby committed acts amounting to breach of trust and misappropriation.

If the said five cents of land and the partially constructed temple are not taken over by the Government and brought under the control and administration of the Hindu Religious and Charitable Endowments Department, the 5th respondent and others will continue their fraudulent activities, thereby deceiving the general public and devotees like the petitioner. Therefore, the petitioner has made a representation before the respondents 1 to 4 on 23.10.2024, and subsequently, the 3rd respondent has forwarded his representation to the Page No.

4th respondent for taking appropriate action on 14.05.2025. Thereafter, the petitioner has made another representation to the 4th respondent on 05.07.2025 and the petitioner has received a letter dated 16.07.2025 issued by the 2nd respondent to the 4th respondent, in which, the 4th respondent was directed to conduct enquiry on the petitioner's representation and send a report in that regard. Even thereafter, the 4th respondent has kept the petitioner's representation pending without any progress. Therefore, the petitioner has filed this writ petition before this Court for appropriate orders.

5. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that it would suffice, if this Court, issues a direction to the 4th respondent to consider the petitioner's representation dated 23.10.2024 and pass appropriate orders, on merits and in accordance with law, within a time frame that may be stipulated by this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the 4th respondent to consider the petitioner's representation dated Page No.4 of 6

23.10.2024 on merits and in accordance with law and pass appropriate orders, within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

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

08.09.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Secretary to Government, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai - 600 009.

2..The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3.The District Collector, Office of the District Collector, Villupuram - 605 602. 4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, District Collectorate Special Scheme Campus, Villupuram - 605 602.

Page No.5 of 6

M.DHANDAPANI, J.

sp 08.09.2025 Page No.6 of 6