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Madras High Court

R.A.Rethinakumar vs The Secretary To Government on 14 August, 2025

                                                                                        W.P. No.20787 of 2025

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:          14.08.2025

                                                            CORAM :

                                  THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
                                                   CHIEF JUSTICE
                                                        AND
                                      THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                W.P.No.20787 of 2025
                                     and W.M.P.Nos.33887, 33889 and 33890 of 2025


                     R.A.Rethinakumar
                     S/o.Amirthalingam,
                     No.7/52 Vadakku Veethi,
                     Thirukkadaiyur Village and Post,
                     Tharangampadi Taluk,
                     Myladuthurai District-609 311

                                                                                        Petitioner

                                                                 Vs

                     1.The Secretary To Government
                       Hindu Religious and Charitable
                           Endowment Department,
                       Secretariat, Chennai-600 009

                     2.The Commissioner
                       Hindu Religious and Charitable
                           Endowment Department,
                       Uthamar Gandhi Road,
                       Nungambakkam,
                       Chennai-600 034




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                                                                                     W.P. No.20787 of 2025



                     3.The Joint Commissioner
                       Hindu Religious and Charitable
                             Endowments Department
                       Samantharkulam,
                       Sithartharkadu,
                       Mayiladuthurai-609 003

                     4.The Assistant Commissioner
                       Hindu Religious and Charitable
                             Endowments Department
                       Samantharkulam,
                       Sithartharkadu,
                       Mayiladuthurai-609 003

                     5.The District Collector
                       Mayiladuthurai District,
                       Mayiladuthurai

                     6.The Director General of Police
                       Tamilnadu Police,
                       Mylapore, Chennai-600 004

                     7.Dharmapuram Adheenkarthar
                       Rep. by its General Manager,
                       Dharmapuram,
                       Mayiladuthurai-609 311

                                                                                      Respondent(s)

                     PRAYER: Petition filed under Article 226 of the Constitution of India
                     seeking issuance of a writ of mandamus directing the respondents 1
                     and 2 to consider and take appropriate action on petitioner's
                     representation dated 22.3.2025.




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                                                                                            W.P. No.20787 of 2025



                                    For Petitioner:            Mr.K.M.Subramaniam


                                    For Respondent:            Mr.N.R.R.Arun Natarajan
                                                               Spl. G.P. (HR & CE)
                                                               for respondent Nos.1 to 4

                                                               Mr.A. Edwin Prabakar
                                                               State Govt. Pleader
                                                               assisted by
                                                               Mr.Habeeb Rahman
                                                               Government Advocate
                                                               for respondent No.5

                                                               Mr.Muniyapparaj
                                                               Addl. Public Prosecutor
                                                               for respondent No.6

                                                               M/s.M.Manivasagam Associates
                                                               for respondent No.7



                                                           ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Rampant abuse and misuse of this august forum of Public Interest Litigation [PIL] is on rise and the present case is a classical example. The petitioner, who claims to be a public ____________ Page 3 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 spirited person, filed this PIL alleging irregularities in the management of a temple called “Arulmighu Amirthakadeswarar Temple” situated at Mayiladuthurai, which is under the management of the seventh respondent. In the petition, it has been alleged that the devotees and worshipers are being harassed and huge money is being extracted from them in the name of facilitating poojas and special poojas and, thus, leading to religious exploitation.

3. The other ground raised in the petition is that though this Court in W.P.(MD) No.23410 of 2022 issued slew of directions to take all due and necessary steps to secure and protect the interest of the temples and properties, those directions have only been partly complied with, but many directions issued by this Court are yet to be complied.

4. In sum and substance, the petitioner had filed this petition seeking appropriate direction and mandamus for holding ____________ Page 4 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 appropriate enquiry on the representation made by the petitioner in the matter of alleged irregularities and mismanagement of the temple by the seventh respondent.

5. Upon filing of status affidavit by respondent No.6, through the Inspector of Police, Cyber Crime Police Station, Mayiladuthurai, before this Court, we have come across shocking revelations. It discloses that when the police officials, in compliance of the order passed by this Court in the case referred to above, were taking action against the fake websites, the Liaison Officer, Thiru C.Mani, alleged on 6.1.2025 the misuse of two websites that had been created by the present petitioner, who also indulged to grab the income of Sri Amirthakadeshwarar Devasthanam, Thirukadaiyur, by displaying unauthorised websites, namely, (i) thirukadaiyurmarriagetemple.com; (ii) https:// thirukadaiyurmarriaget.in; and (iii) https:// amirthakadeswararnilaiyam.com, as stated in the affidavit.

Further investigation revealed that the fake websites ____________ Page 5 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 allegedly belong to the present petitioner and one Dr.Amirtha Vijayakumar, said to be the brother of the present petitioner. According to the status affidavit filed by the Police Administration, the Cyber crime police verified and removed the unauthorised websites spread in the public domain through YouTube, Google, Google map, Just dial, Go daddy, etc. On 13.3.2025, the said Liaison Officer further stated that eight other unauthorised websites were created by the petitioner damaging the image of the traditional temple to a greater extent, whereafter, the newly created eight websites were blocked immediately.

When many of the fake website creators were summoned and they appeared before the In-charge Inspector of Police, Cyber Crime, Mayiladuthurai, and they were kept under surveillance, the present petitioner and his brother allegedly absented themselves to appear before the Investigating Officer. It is also stated that the petitioner is maintaining a Current Account in favour of Amirthakadeswara Nilayam in Canara Bank, ____________ Page 6 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 Thirukadaiyur Branch and there are lot of bulk transactions made between the period from 1.1.2023 to 24.1.2025. It is alleged that the petitioner is purposely avoiding and denying to receive the reply.

6. Even according to the petitioner, the first representation was made by him on 22.3.2025. In the entire petition, the petitioner has ingeniously suppressed all the information relating to initiation of criminal cases, registration of FIRs and various actions taken by the authorities regarding closing of fake websites, which were allegedly opened by the petitioner.

7. The august forum of PIL was never meant to be misused and abused by persons of such doubtful credibility and, if we may say so, by persons against whom criminal cases have been registered on various allegations which are under investigation. The oblique motive behind filing of this petition is apparent in the light of three miscellaneous petitions filed by the petitioner. ____________ Page 7 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 W.M.P.No.33890 of 2025 was filed seeking a direction to defreeze the petitioner's bank accounts, which has nothing to do with the present PIL. W.M.P.No.33889 of 2025 was filed to call for the CD file pertaining to Crime No.22 of 2023 registered against the petitioner. W.M.P.No.33887 of 2025 was filed seeking direction to conduct investigation by the Director General of Police personally.

8. It is clearly discernible from the aforesaid conduct of the petitioner that he is ostensibly trying to utilize this august forum of PIL for his personal benefit. In fact, this was the oblique motive with which the petitioner had filed this petition so as to stall the criminal proceedings initiated against him.

9. At the instance of the petitioner, we are not inclined to examine any of the allegation made in the present petition against the seventh respondent and leave it open to consider in appropriate case, if necessity so arises. However, this petition is ____________ Page 8 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 completely frivolous and gross abuse of process of law.

10. The petition, therefore, deserves to be dismissed and it is accordingly dismissed with exemplary costs of Rs.5,00,000/- [Rupees Five Lakhs only] payable to the Tamil Nadu State Legal Services Authority within a period of one month, failing which appropriate proceedings, including contempt proceedings, shall be drawn. W.M.P.Nos.33887, 33889 and 33890 of 2025 also stand dismissed.

Before parting with the case, we may hasten to add that we have not expressed any opinion on the merits of the pending criminal cases and the investigation against the petitioner.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 14.08.2025 Index : Yes/No Neutral Citation : Yes/No bbr ____________ Page 9 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 To:

1.The Secretary To Government Hindu Religious and Charitable Endowment Department, Secretariat, Chennai-600 009
2.The Commissioner Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034
3.The Joint Commissioner Hindu Religious and Charitable Endowments Department Samantharkulam, Sithartharkadu, Mayiladuthurai-609 003
4.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Samantharkulam, Sithartharkadu, Mayiladuthurai-609 003
5.The District Collector Mayiladuthurai District, Mayiladuthurai
6.The Director General of Police Tamilnadu Police, Mylapore, Chennai-600 004 ____________ Page 10 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm ) W.P. No.20787 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr W.P.No.20787 of 2025 14.08.2025 ____________ Page 11 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:37:09 pm )