Radhakrishnan A v. The Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Radhakrishnan ... Petitioner -vs1.The Chief Secretary to Government Secretariat, Chennai-600 009 2.The Secretary to Government Public Department, Secretariat Chennai-600 009 3.The Secretary to Government Human Resource and Management Department Secretariat, Chennai-600 009 4.The Secretary to Government Revenue Department Secretariat, Chennai-600 009 5.The Secretary to Government Rural Development and Panchayat Raj Department Secretariat, Chennai-600 009

6.The Secretary to Government Housing and Urban Development Department Secretariat, Chennai-600 009 7.The Secretary to Government Home Department Secretariat, Chennai-600 009 8.The Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai-600 009 9.The Secretary to Government Energy Department Secretariat, Chennai-600 009 10.The Secretary to Government Tourism Culture and Religious Endowments Department Secretariat, Chennai-600 009 11.The Commissioner of Revenue Administration Chepauk, Chennai-600 005 12.The Commissioner of Land Administration Chepauk, Chennai-600 005 13.The Director of Survey and Settlements Chepauk, Chennai-600 005 14.The Inspector General of Registrations 100, Santhome High Road Chennai-600 028 15.The Director Rural Development and

Panchayat Raj Department Saidapet, Chennai-18 16.The Director Town and Country Planning Department Koyambedu, Chennai-600 107 17.The Commissioner Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai-600 034 18.The Director General of Police Head of the Police Force Dr.Radhakrishnan Salai Chennai-600 004 19.The District Executive Magistrate / District Collector Pudukottai 20.The Additional District Executive Magistrate / District Revenue Officer Pudukottai 21.The Sub Divisional Executive Magistrate / Revenue Divisional Officer Ilupur 22.The Taluk Executive Magistrate / Tahsildar Ponnamaravathi 23.The Special Tahsildar Temple Lands Pudukottai

24.The Inspection Cell Officer Tiruchirapalli 25.The Inspector General of Police Central Zone Tiruchirapalli 26.The Regional Deputy Director Survey and Land Records Department Tiruchirapalli 27.The Assistant Director Panchayats Pudukottai 28.The Superintendent of Police Pudukottai 29.The Inspector of Police District Special Branch Pudukottai 30.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Pudukottai 31.The Joint Commissioner Hindu Religious and Charitable Endowments Department Tanjore 32.The Regional Audit Officer Hindu Religious and Charitable Endowments Department Tanjore

33.The Executive Officer Hindu Religious and Charitable Endowments Department Tanjore 34.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Pudukottai 35.The Fit Person / Chairman Board of Trustee Arulmigu Muthumariamman Temple Konnaiyur, Pudukottai District 36.The Executive Officer Arulmigu Muthumariamman Temple Konnaiyur, Pudukottai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 36 to take combined action to secure and safeguard the properties of 36th respondent temple as well as to rectify the defects forthwith by considering the petitioner representation dated 20.03.2025 and 11.07.2025 and thereby to ensure the safeguarding of temple properties as decided by the Chief Secretary, the first respondent hereon 23.08.2021 and to ensure the direction of the Secretary to Government, Tourism Culture and Religious Endowments Department, the 10th respondent herein letter dated 13.09.2021 was complied and also to ensure the protection

of Temple Poramboke land as instructed by the Commissioner for Land Administration of 12th respondent herein vide his RC No.T1/17097/2015, dated 01.09.2015 and also to ensure the maintenance of basic registers for the religious institutions as instructed by the Commissioner, HR&CE, Chennai vide his RC No.31141/2020/K4, dated 12.08.2020 and further also to ensure the inspections made by the District Collectors and other revenue officials in temple poramboke lands during Zamabandhi, as instructed by the Commissioner of Revenue Administration, Chepauk, Chennai, vide his RC No.V.Ni7(1)/131/2023, dated 20.03.2023.

For Petitioner :

Mr.A.Radhakrishnan Party-in-Person For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R16, R19 to R24, R26 & R27 Mr.P.Subbaraj Special Government Pleader for R17, R31, R32, R34 to R36 Mr.T.Senthil Kumar Additional Public Prosecutor for R18, R25, R28 & R29 Mr.G.Mathavan for R33

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 16, 19 to 24, 26 & 27; Mr.P.Subbaraj, learned Special Government Pleader, takes notice for the respondents 17, 31, 32, 34 to 36; Mr.T.Senthil Kumar, learned Additional Public Prosecutor, takes notice for the respondents R18, 25, 28 & 29 and Mr.G.Mathavan, learned counsel takes notice to the respondent No.33.

2. In view of the order proposed to be passed, notice to the respondent No.30 is dispensed with.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. The petitioner appearing in person would submit that the temple properties are being abused and encroached upon by the private persons for unjust gains and the temples are deprived of getting the benefits from and out of its properties. The complaint submitted by the petitioner in this regard before the authorities concerned has not been looked into. Thus,

the present writ petition came to be instituted.

5. The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (in short, "the Act") contemplates action to be taken to restore the temple properties from the hands of the encroachers and to utilize the same for the benefits of the temples and its devotees and it is the duty mandated on the part of the temple authorities as well as the authorities of the Hindu Religious and Charitable Endowments Department to ensure that the properties belonging to the temples are protected and utilized under the provisions of the Act. In the event of failure, the authorities concerned must be held responsible and accountable.

6. In this regard, the District Collector has to conduct meetings periodically with the temple authorities to ensure that the temple properties, which are under encroachments, are restored and in respect of the properties, where lease period expired, necessary actions are to be initiated and fair rent also is to be fixed under the Act once in three years and all such actions are to be promptly initiated in the manner as contemplated under the provisions of the Act.

7. In view of the facts and circumstances of the case on hand, the respondents are directed to look into the complaint submitted by the petitioner and convene a meeting under the Chairmanship of the District Collector concerned, provide opportunity to the petitioner appearing in person to submit the documents, if any, in support of his contentions and thereafter, initiate all appropriate actions to restore the temple properties from the hands of the encroachers and in case of lease, fix fair rent as per the procedures as contemplated under the Act. All such actions are to be initiated simultaneously. It is needless to state that while considering the case of the petitioner, the minutes of the meeting already recorded by the Chief Secretary to the Government of Tamil Nadu is also to be taken into consideration.

8. With the above observations, this writ petition is disposed of. No costs.

[S.M.S., J.] [S.S.Y., J.] 15.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

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

3.The Secretary to Government, Human Resource and Management Department, Secretariat, Chennai-600 009.

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

5.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.

6.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

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

8.The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai-600 009.

9.The Secretary to Government, Energy Department, Secretariat, Chennai-600 009.

10.The Secretary to Government, Tourism Culture and Religious Endowments Department, Secretariat, Chennai-600 009.

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

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

13.The Director of Survey and Settlements, Chepauk, Chennai-600 005.

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

15.The Director, Rural Development and Panchayat Raj Department, Saidapet, Chennai-18.

16.The Director, Town and Country Planning Department, Koyambedu, Chennai-600 107.

17.The Commissioner,

Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-600 034.

18.The Director General of Police, Head of the Police Force, Dr.Radhakrishnan Salai, Chennai-600 004.

19.The District Executive Magistrate / District Collector, Pudukottai.

20.The Additional District Executive Magistrate / District Revenue Officer, Pudukottai.

21.The Sub Divisional Executive Magistrate / Revenue Divisional Officer, Ilupur.

22.The Taluk Executive Magistrate / Tahsildar, Ponnamaravathi.

23.The Special Tahsildar, Temple Lands, Pudukottai.

24.The Inspection Cell Officer Tiruchirapalli 25.The Inspector General of Police, Central Zone, Tiruchirapalli.

26.The Regional Deputy Director, Survey and Land Records Department, Tiruchirapalli.

27.The Assistant Director, Panchayats, Pudukottai.

28.The Superintendent of Police, Pudukottai.

29.The Inspector of Police, District Special Branch, Pudukottai.

30.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tanjore.

31.The Regional Audit Officer, Hindu Religious and Charitable Endowments Department, Tanjore.

32.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai.

33.The Fit Person / Chairman Board of Trustee, Arulmigu Muthumariamman Temple, Konnaiyur, Pudukottai District.

34.The Executive Officer, Arulmigu Muthumariamman Temple,

Konnaiyur, Pudukottai District.

S.M.SUBRAMANIAM, J.

and S.SRIMATHY , J.

krk 15.07.2025