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Madras High CourtWP Crl.(MD)/1980/2025disposed of

A.Radhakrishnan v. The Secretary To Government

2025-11-05Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1980 of 2025 A.Radhakrishnan ... Petitioner Vs.

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

2. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Director General of Police, / Head of the Police Force, Kamarajar Salai, Chennai - 600 004.

4. The Insepector General of Police, South Zone, Madurai.

5. The District Executive Magistrate/Collector, 1/6

6. The Superintendent of Police, Tirunelveli.

7. The Deputy Superintendent of Police, Valliyoor Sub Division,

8. The Inspector of Police, District Special Branch,

9. The Inspector of Police, Koodankulam Police Station,

10. The Joint Commissioner, Hindu Religious and Charitable Endowments Department,

11. Fit Person / The Chairman Board of Trustees, Arulmigu Sri Vijayapathi Viswamithrar Mahalinga Keswarar Thirukovil,

12. The Executive Officer, Arulmigu Sri Vijayapathi Viswamithrar Mahalinga Keswarar Thirukovil, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the Impugned closure report of the 9th respondent in C.S.R No. 1044/2025 dated 27.10.2025 and Quash the same as illegal and direct the respondents to conduct a detailed enquiry on my complaint dated 17.10.2025.

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For Petitioner : Mr.A.Radhakrishnan (Party in Person) For R-1,3,4,6, R-7,8 & 9 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2,5 and 10 : Mr.N.Ramesh Arumugam Government Advocate(Civil)

ORDER

The petitioner seeks to quash the impugned closure report of the ninth respondent in C.S.R No.1044/2025 dated 27.10.2025 and consequently, direct the official respondents to conduct a detailed enquiry on his complaint dated 17.10.2025.

2.It is a case of petitioner that the property belonging to the Arulmigu Sri Vijayapathi Viswamithrar Mahalinga Keswarar Temple was encroached upon by a company called Powergrid Kudankulam Transmission Limited; that the temple properties were damaged and that without conducting a proper enquiry, the official respondents had closed the complaint. 3.Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents 2 and 5 to 10 would submit that after the temple authorities came to know about the illegal encroachment, they issued legal notice under 3/6

Section 34 of the HR &CE Act, which was duly complied with. He would further submit that if there are any violations in furture, the temple authorities would give a criminal complaint.

4.From the above submissions, it is clear that the said company has encroached upon the temple property. Therefore, the impugned closure report dated 27.10.2025 is set aside and the ninth respondent shall conduct a fresh enquiry to ascertain whether there has been any damage to the temple property. If any damage is found, suitable action shall be taken in accordance with law. 5.With the above observation, this Writ Petition is disposed of. No costs. 05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No CP To

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

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2. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Director General of Police, / Head of the Police Force, Kamarajar Salai, Chennai - 600 004.

4. The Insepector General of Police, South Zone, Madurai.

5. The District Executive Magistrate/Collector,

6. The Superintendent of Police, Tirunelveli.

7. The Deputy Superintendent of Police, Valliyoor Sub Division,

8. The Inspector of Police, District Special Branch,

9. The Inspector of Police, Koodankulam Police Station,

10. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

CP W.P.Crl.(MD).No.1980 of 2025 05.11.2025 6/6