A.Radhakrishnan Vs The Secretary to Government

Tmt K.S.Mangayarkarasi Previous Joint Commissioner Hindu Religious and Charitable endowments Department Now Working as Joint Commissioner Hindu Religious and Charitable Endowments Department 20, Chinnamuthu Street Perundurai Road Erode 638001

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Tmt V.Sabarmathi Previsous Assistant Commissioner Hindu Religius and Charitable Endowments Department Salem- 636001 Now Working as asssitant Commissiner/ Executive officer Arulmigu Sangameswarar Swamy Temple Bhavani 638301

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Tmt Kalaiselvi

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Previous Fit Persons Arulmugu Kannanur Mariamman Temple Omalur Town- 636455 Salem Dist

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Now Working as Executive officer Arulmigu ekambrareswarar Swamy Temple Kadai Veethi Salem Town

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636001

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Thiru O. E. Sivamahendran S/O. LTE O.K.Ekambaram Trustee Arulmigu Kottai Mariamman Temple Omalur Town Resident at Kannanur Mariamman Temple Street Omalur- 636455 Salem District.

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Thiru K. Arunachalam

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S/O. Kuppan velagoundanur Pachanampatti63645 Omalur Taluk Salem District.

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Thiru K. Srinivasan

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S/O. Kuppan velagoundanur Pachanampatti63645 Omalur Taluk Salem District.

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WP No. 10088 of 2021

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The Fit Person Arulmigu Kannanur Mariamman Temple Omalur Town- 636455 Salem District.

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..Respondent(s)

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To issue direction directing the respondents 2 to 5 to take Appropriate action to remove the encroachment found in 28th Respondent temple in S.F.No 110/1, 184/2 and 111/2 to an extent of 3.63, 1.40 and 1.85 acres at Omalur village and Taluk Salem District and consequentially issue direction directing the Respondents 2 to 5 to initiate Appropriate Departmental and Criminal Action as against the erring officials who failed to secure the 28^th respondent temple property and deduct the loss of the said temple from and out of the erring officials service benefits by considering petitioner representation dated 22.7.2016.

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WP No. 10088 of 2021

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For Petitioner(s):	A.Radhakrishnan, Party in Person
For Respondent(s):	Mr. T.Arun Kumar, AGP for R1 To R8, R10 To 17 & R21
	No Appearance For R22, R23 To R27.
	Mr. N.R.R.Arun Natarajan,
	SGP (HR & CE) for R9, R18 To R20 & 28

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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Ms.V.Sabarmathi, Joint Commissioner, Salem, is present and filed a

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status report.

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The status report would show that the lease period expired and the

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WP No. 10088 of 2021

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lessees, since failed to vacate the temple premises, action under Section 78 of the HR & CE Act came to be instituted. Final order under Section 78 was passed and the encroachers preferred a revision petition before the Commissioner, which is pending. Enquiry is fixed on 30.03.2026. The Joint Commissioner would further ensure that soon after disposal of the revision petition, the encroachers will be evicted without any further loss of time.

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It is needless to state that the officials are expected to be vigilant and swift in initiating action against such encroachers. Paving way or causing delay would only support the encroachers. Under such circumstances, the authorities may not be in a position to evict the encroachers which would result only in increasing the longevity of the litigation. Therefore, all necessary actions are to be initiated to ensure that the temple properties are protected in the manner contemplated under the Act and Rules framed thereunder. The temple properties are to be utilised for the benefit of the temple and that being the purpose and objective as well as the wishes of the donars, it is to be respected in its real spirit. That being the duty mandated on the officials of the HR & CE under the Act and Rules, any failure in this regard, would result in initiation of departmental disciplinary proceedings against the erring officials and the officials who are all committing lapses, derelictions of duty or negligence in performing their duties vigilantly.

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Regarding illegal mining already occurred, the learned Special

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WP No. 10088 of 2021

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Government Pleader HR & CE Department would submit that all appropriate actions will be initiated to recover the penalty through the Commissioner of Geology and Mining and a compensation for the loss occurred to the temple properties.

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The Joint Commissioner, HR & CE, who is present before this Court will ensure that all appropriate actions are taken to evict the encroachers and to resume the temple properties and utilise the same for the benefit of the temple and in accordance with Act and Rules.

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No further orders are required, in view of the above directions.

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(S.M.S.,J.) (C.K.,J.) 24-02-2026

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VSI

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To

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The Secretary to Government Personnel and Administrative Reforms Department, Secretariat, Chennai- 9

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The Secretary to Government Revenue Department, Secretariat chennai- 9

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The Secretary to Government Home Department Secretariat chennai- 9

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The Secretary to Govt Industries Department , Secretariat, Chennai- 9

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The Secretary to Government Tourism Culture and Endowments Department Secretariat chennai- 9

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Thiru K. Panindra Reddy IAS Previous Commissioner Hindu Religious and Charitable Endowments Department 119 Nungambakkam High Rad chennai- 34

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The Commissioner of Land Administration Chepauk chennai- 5

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The Commissioner of Geology and Minning Guindy Chennai- 32

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The Commissioner Hindu Religious and charitble Endowments Department 119, Nungambakkam High Road Chennai- 34

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The Director General of Police Dr Radhakrishnan salai Chennai- 4

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The Director of Vigilance and Anti Corruption 293 MKN Road Alandur chennai- 16

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The District collector,Salem- 636001

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The Deputy Inspector Genereal of Police Salem- 636007

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The Deputy Inspector General of Registrations 3rd Floor collectorate Salem- 636001

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The Sub Divisional Executive Magistrate Cum sub collector Mettur Salem District

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Assistant director of Geology and Mining Collectorate Salem- 636001

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Assistant Director of Survey and Land Records Collectorate Salem- 636001

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The Joint Commissioner Hindu Religious and Charitable Endowments Department, Salem- 636001

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The Assistant Commissioner

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WP No. 10088 of 2021

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Hindu Religious and Charitable Endowments Department Salem- 636001

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The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001

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The Inspector of Police, Omalur Town- 636455,Salem District

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Tmt K.S.Mangayarkarasi Previous Joint Commissioner Hindu Religious and Charitable endowments Department Now Working as Joint Commissioner Hindu Religious and Charitable Endowments Department 20, Chinnamuthu Street Perundurai Road Erode 638001

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Tmt V.Sabarmathi

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Previsous Assistant Commissioner Hindu Religius and Charitable Endowments Department Salem- 636001 Now Working as asssitant Commissiner/ Executive officer Arulmigu Sangameswarar Swamy Temple Bhavani 638301

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