Disposed

A.Radhakrishnan v. The Secretary to Government

Madras HC9 Sept 2024WP/3331/2021

Case brief

AI extract

What is this about?

A writ of mandamus sought to secure temple properties and improve infrastructure at Arulmigu Periya Mariamman Thirukovil, Salem. Without going into merits, the Court directed the petitioner to submit a fresh representation to respondents 9 and 12-15, who were directed to pass appropriate orders within twelve weeks.

What did the court decide?

Direction to respondents 9, 12-15 to pass appropriate orders on merits within twelve weeks of fresh representation.

A.Radhakrishnan Vs The Secretary to Government — Writ and Judicial Review | Madras HC (2024)

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WP.No.3331 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.09.2024

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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WP.No.3331 of 2021 and W.M.P.Nos.3789 & 3794 of 2021

A.Radhakrishnan

.. Petitioner

Versus

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

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

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The Secretary to Government Tourism Culture and Endowments Department Secretariat, Chennai 600 009

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The Secretary to Government School Education Department Secretariat, Chennai 600 009

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The Secretary to Government Health & Family Welfare Department Secretariat Chennai 600 009

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The Commissioner of Revenue Administration Chepauk, Chennai 600 005

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The Commissioner of Land Administration Chepauk, Chennai 600 005

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https://www.mhc.tn.gov.in/judis

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WP.No.3331 of 2021

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8.The Director General of Police

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Dr. Radhakrishna Salai, Chennai 600 004

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9.The Commissioner

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

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10.The Commissioner of School Education

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College Road, Chennai – 636 006

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11.The Director of Public Health and Preventive Medicine Teynampet, Chennai – 600 006

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12.The District Collector Salem 636 001

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The Commissioner of Police

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Salem – 636 006

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14.The Joint Commissioner

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Hindu Religious and Charitable Endowments Department, Salem 636 001

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The Assistant Commissioner

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Hindu Religious and Charitable Endowments Department, Salem 636 001

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16.The Chief Education Officer Salem

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17.The Deputy Director Public Health and Preventive Medicine

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Salem – 636 001

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The Executive officer Arulmigu Periya Mariamman Thirukovil Veeranam, Salem Taluk & District .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to secure and safeguard the properties belonging to the 18^th respondent temple by considering the petitioner representation dated 13.01.2021. https://www.mhc.tn.gov.in/judis

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For Petitioner

: Mr.A.Radhakrishnan (P-in-P)

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For Respondents : Mr.K.Karthikeyan(Government Advocate) HR & CE for R3, 9, 14, 15 & 18 Mr.LSM Hasan Fizal for R1, 3, 4, 6 to 8, 10,12,13, 16 & 17 Additional Government Pleader Mr.Bindran for R5, 11 & 17 Additional Government Pleader

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ORDER

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This writ petition is filed seeking for the issuance of Writ of Mandamus directing the respondents to secure and safeguard the properties belonging to the 18^th respondent temple by considering the petitioner representation dated 13.01.2021.

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The case of the petitioner is that the petitioner is a devotee of the 21^st respondent temple and as there is a lack of infrastructure in the 21^st respondent temple, the temple has to be secured and safeguarded. For improving the infrastructure and also for removal of encroachment in the temple properties, the petitioner has made representation on 13.01.2021 and 21.01.2021, however, the same are pending without consideration till date.

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When the case was taken up, the party-in-person submitted that it

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would suffice if a direction is given to the respondents 9, 12 to 15 for

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https://www.mhc.tn.gov.in/judis

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WP.No.3331 of 2021

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improving the infrastructure of the 18^th respondent temple and for removal of encroachments. He would also submit that proceedings under Section 78 of the HR & CE Act was already initiated and not concluded till date.

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Heard both sides and perused the materials placed on record.

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Considering the limited relief sought for in this writ petition, this Court without going into the merits of the case directs the petitioner to make a fresh representation to the respondents 9, 12 to 15 and upon receipt of such representation, the respondents 9, 12 to 15 shall pass appropriate orders on merits and in accordance within a period of twelve weeks from the date of receipt of a copy of this Order. The petitioner is also at liberty to make such representation along with a order copy to the respondents 9, 12 to 15.

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

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Consequently, connected miscellaneous petitions are closed.

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09.09.2024

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dhk Index:Yes/No Internet: Yes/No

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WP.No.3331 of 2021

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

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

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The Secretary to Government Tourism Culture and Endowments Department Secretariat, Chennai 600 009

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The Secretary to Government School Education Department Secretariat, Chennai 600 009

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The Secretary to Government Health & Family Welfare Department Secretariat Chennai 600 009

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The Commissioner of Revenue Administration Chepauk, Chennai 600 005

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The Commissioner of Land Administration Chepauk, Chennai 600 005

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8.The Director General of Police Dr. Radhakrishna Salai, Chennai 600 004

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9.The Commissioner

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

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10.The Commissioner of School Education College Road, Chennai – 636 006

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11.The Director of Public Health and Preventive Medicine Teynampet, Chennai – 600 006 https://www.mhc.tn.gov.in/judis

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WP.No.3331 of 2021

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M. DHANDAPANI, J.

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dhk

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12.The District Collector Salem 636 001

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The Commissioner of Police Salem – 636 006

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14.The Joint Commissioner Hindu Religious and Charitable Endowments Department, Salem 636 001

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The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Salem 636 001

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16.The Chief Education Officer Salem

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17.The Deputy Director Public Health and Preventive Medicine Salem – 636 001

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The Executive officer Arulmigu Periya Mariamman Thirukovil Veeranam, Salem Taluk & District

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W.P.No.3331 of 2021

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09.09.2024

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https://www.mhc.tn.gov.in/judis

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A.Radhakrishnan v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

A.Radhakrishnan v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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