Periyanambi Narsimha v. The Chief Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)No.9569 of 2019 Periyanambi Narasimha Gopalan ... Petitioner vs.

1.The Chief Secretary to Government, 2.The Registrar General, Madras High Court, Chennai - 600 104.

3.The Secretary to Government, Revenue Department, 1/6

4.The Secretary to Government, Law Department, 5.The Secretary to Government, Finance Department, 6.The Secretary to Government, Tourism, Culture and Religious Endowments Department, 7.The Commissioner, HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 6 to (a) allocate one or two civil courts in each district specifically for trying recovery of rents belonging to temples under the administrative control of respondent No. 7, HR & CE Department and transfer all pending cases involving recovery of rents/eviction to these Courts (b) engage third party audit firms to audit income and expenditure of temples under the administrative control of respondent No.7 - HR & CE Department within the time frame stipulated by this Court. 2/6

For Petitioner : Mr.K.Gokul For RR 1 & 3 to 6 : Mr.P.Thilak Kumar Government Pleader For R - 2 : Mr.D.Sivaraman For R - 7 : Mr.P.Subbaraj Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the Writ Petition for the constitution of Special Courts is not entertainable, since it is a matter to be decided on the administrative side and requires the sanction of the Government. The prescribed procedures are to be followed and the High Court, in exercise of its powers of judicial review, in the present case cannot issue a general direction for the constitution of such Courts.

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2.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [S.M.S.,J.] & [A.D.M.C.,J.] 02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Chief Secretary to Government, 2.The Registrar General, Madras High Court, Chennai - 600 104.

3.The Secretary to Government, Revenue Department, 4.The Secretary to Government, Law Department, Secretariat, Chennai - 600 009.

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5.The Secretary to Government, Finance Department, 6.The Secretary to Government, Tourism, Culture and Religious Endowments Department, 7.The Commissioner, HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 02.07.2025 6/6