Madras High CourtWP(MD)/21702/2018disposed of

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

2025-06-17Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.19623 and 19624 of 2018 A.Radhakrishnan ... Petitioner Vs.

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

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

3.The Secretary to Government, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai - 600 009.

4.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

5.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai - 600 034.

6.The Deputy Inspector General of Registration, Tirunelveli.

7.The District Collector, Tirunelveli, Tirunelveli District.

8.The Superintendent of Police, Tirunelveli.

9.The Revenue Divisional Officer, Tirunelveli.

10.The Revenue Tahsildar, Sankaran Koil, Tirunelveli District.

11.The Block Development Officer, Sankaran Koil, Tirunelveli District.

12.The Regional Director of Municipal Administration, Office of Regional Director of Municipal Administration, Tirunelveli - 2.

13.The Commissioner of Municipality, Sankaran Koil, Tirunelveli District 14.Assistant Director, Office District Land Survey, Tirunelveli.

15.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

16.The Divisional Engineer, Construction and Maintenance, Tirunelveli.

17.The Designated Officer, Food Safety Wing, Tirunelveli.

18.The Deputy Commissioner of Labour, Tirunelveli.

19.The Taluk Supply Officer, Sankarankoil, Tirunelveli.

20.The Deputy Director, Fire and Rescue Services, Madurai.

21.The Deputy Commissioner/Executive Officer, Arulmigu Sankara Narayana Swamy Thirukoil, Tirunelveli.

22.The District Collector, Tenkasi District.

... Respondents (R-22 is suo motu impleaded vide Court order dated 17.06.2025 made in W.P.

(MD).No.21702 of 2018) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 20 to take combined action to secure and safeguard the properties of 21st respondent temple as well as to rectify the defects forthwith mentioned in the report dated 29.09.2018 of 10th respondent by considering the petitioner representation dated 24.09.2018 as well as the reports dated 29.09.2018, 03.10.2018, 03.10.2018 and 03.10.2018 submitted by the respondents 6, 10, 12 and 14 respectively.

For Petitioner : Mr.A.Radhakrishnan (Party-in-person) For R-1 to R-7, : Mr.V.Om Prakash R-9 to R-12, R-14 Government Advocate to R-20 & R-22 For R-8 : Mr.T.Senthil Kumar Additional Public Prosecutor For R-13 : Mr.Aswin for Mr.M.Rajarajan For R-21 : Mr.V.R.Shanmuganathan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted seeking direction to the respondents 1 to 20 to take combined action to secure and safeguard the properties of 21st respondent temple as well as to rectify the defects forthwith mentioned in the report dated 29.09.2018 of 10th respondent by considering the petitioner's representation dated 24.09.2018 as well as the reports dated 29.09.2018, 03.10.2018, 03.10.2018 and 03.10.2018 submitted by the respondents 6, 10, 12 and 14 respectively.

2. The District Collector, Tenkasi District is suo motu impleaded as the 22nd respondent in the Writ Petition in view of the bifurcation of Tirunelveli

District as Tirunelveli and Tenkasi, since the Writ Petition has been instituted prior to bifurcation of Tirunelveli District.

3. The subject temple, namely, Arulmigu Sankara Narayana Swamy Thirukoil is situated at Sankarankoil. The petitioner in person would articulate by stating that the properties belonging to the temple are encroached upon and no action has been taken by the competent authority. Pursuant to the complaint submitted by the petitioner, a Joint Committee Meeting was convened in the presence of the Tahsildar, Tirunelveli in the year 2018 and Minutes of the meeting are recorded. Despite the fact that actions are proposed to be initiated, till today, no action has been taken.

4. This Court is of the considered view that the temple properties are to be protected and to be maintained in accordance with the provisions of the Hindu Religious and Charitable Endowments Act. The Hindu Religious and Charitable Endowments Department is obligated to follow the procedures to evict the encroachers and utilise the property for the benefit of the temple and the devotees in the manner contemplated under the Act and Rules.

5. Since no action has been taken for several years, the District Collector, Tenkasi District is directed to convene a fresh Joint Committee Meeting to sort

out the issues relating to the properties belonging to Arulmigu Sankara Narayana Swamy Thirukoil and initiate all appropriate enforcement actions to resume the properties and utilise the same for the benefit of the temple and to implement the temple schemes, etc. The said meeting is directed to be convened within a period of six (6) weeks from the date of receipt of a copy of this order. The decisions taken by the Committee for resumption of temple lands are to be strictly acted upon so as to ensure that the temple properties are protected in accordance with the Hindu Religious and Charitable Endowments Act and Rules. The petitioner participated in the earlier meeting and therefore, the District Collector may permit the petitioner to participate in the meeting to place all the facts and documents for the benefit of the temple.

6. With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (A.D.M.C.,J.) 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.