Madras High CourtWP(MD)/1624/2019disposed of

A.Radhakrishnan, v. The Secretary To Govt.,

2025-06-24Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.1624 of 2019 A.Radhakrishnan ... Petitioner in person -vs1. The Secretary to Government, Revenue Department, Secretariat, Chennai-9.

2. The Secretary to Government, Home Deptartment, Secretariat, Chennai-9.

3.The Secretary to Government, Tourism Culture And Endowments Department, Secretariat, Chennai-9.

4. The Commissioner of Land Administration, Chepauk, Chennai-5.

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5. The Director of Survey & Settlements, Chepauk, Chennai - 600 005.

6. The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

7. The Commissioner, 119, Nungambakkam High Road, Chennai-34.

8. The District Collector, Pudukottai District.

9. The District Collector, Trichirapalli.

10.The District Collector, Karur.

11.The Inspector General of Police, Central Zone, Trichirapalli.

12.The District Revenue Officer, Pudukkottai.

13.The District Revenue Officer, Trichirapalli.

14.The District Revenue Officer, Karur.

15.The Regional Deputy Director of Survey & Land Records, Trichirapalli.

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16.The Joint Commissioner , Trichirapalli.

17.The Chief Engineer, Tamil Nadu Generation & Distribution Corporation, Trichirapalli.

18. The Executive Officer, Pudukottai Temples, Pudukottai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the respondents to consider the petitioner representation dated 13.12.2018 to secure and safeguard the property belonging to the temples comes under the control of 18th respondent.

For Party in Person : Mr.A.Radhakrishnan For R1 to R6, R8 to R10 and R12 to R15 : Mr.P.Thilak Kumar, Government Pleader.

For R7 & R16 : Mr.P.Subba Raj, Special Government Pleader (HR & CE) For R11 : Mr.T.Senthil Kumar Additional Public Prosecutor For R17 : Mr.S.Deenadayalan Standing Counsel for TANGEDCO For R18 : Mr.G.Mathavan 3/8

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the respondents to consider the petitioner's representation dated 30.12.2018 to secure and safeguard the property belonging to the temple coming under the control of the 18th respondent.

2. The 18th respondent is the Executive Officer of the Pudukottai Temples, Pudukottai. The petitioner in person would submit that the temple properties under encroachment are not removed and therefore, a complaint was registered by him. Since no action has been taken, the present writ petition came to be instituted.

3. It is needless to state that the competent authorities of the Hindu Religious and Charitable Endowments (HR & CE) Act are bound to initiate actions against the encroachments in the temple properties and protect the same for the benefit of the temple concern. Since the act contemplates several procedure to be followed for resumption of temple properties from 4/8

the hands of the encroachers all such procedures are to be followed without causing any undue delay. Thus, the respondents are directed to initiate all appropriate action to protect the temple authorities and by removing the encroachers and utitlize the properties for the benefit of the temple and devotees as contemplated under the provisions of the Hindu Religious and Charitable Endowments (HR & CE) Act and the rules framed thereunder. The petitioner is at liberty to give a fresh representations to the competent authorities providing all details enabling them to initiate appropriate actions.

4. With these observations, the writ petition stands disposed of. No costs.

(S.M.S., J.) (A.D.M.C., J.) 24.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/8

1. The Secretary to Government, Revenue Department, Secretariat, Chennai-9.