Madras High Court
A.Radhakrishnan vs The Chief Secretary To Government on 15 July, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, S.Srimathy
W.P.(MD) No.19191 of 2025
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
W.P.(MD) No.19191 of 2025
A.Radhakrishnan ... Petitioner
-vs-
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
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W.P.(MD) No.19191 of 2025
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
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W.P.(MD) No.19191 of 2025
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
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W.P.(MD) No.19191 of 2025
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
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W.P.(MD) No.19191 of 2025
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
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W.P.(MD) No.19191 of 2025
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
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.] _______________ Page 6 of 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:09:54 pm ) W.P.(MD) No.19191 of 2025 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, _______________ Page 7 of 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:09:54 pm ) W.P.(MD) No.19191 of 2025 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.
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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.
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W.P.(MD) No.19191 of 2025
[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.
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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, _______________ Page 11 of 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:09:54 pm ) W.P.(MD) No.19191 of 2025 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.
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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, _______________ Page 13 of 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:09:54 pm ) W.P.(MD) No.19191 of 2025 Konnaiyur, Pudukottai District.
_______________ Page 14 of 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:09:54 pm ) W.P.(MD) No.19191 of 2025 S.M.SUBRAMANIAM, J.
and S.SRIMATHY, J.
krk W.P.(MD) No.19191 of 2025 15.07.2025 _______________ Page 15 of 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:09:54 pm )