A Radhakrishnan v. The Director General of Police

Madras HC5 Aug 2025WP Crl./481/2025

Case brief

AI extract

What is this about?

Madras High Court, WP Crl. No. 481 of 2025, decided 05-08-2025 by D. Bharatha Chakravarthy J. Police protection for survey/demarcation/boundary stones of Arulmigu Sendaraya Perumal Temple lands; duty of jurisdictional police when third parties disrupt lawful survey; HR&CE Act invoked for eviction of encroachers; quashing sought of Inspector of Police, Negamam PS order dated 21.04.2025; petition disposed, no costs; WPMP Crl. No. 228 of 2025 closed.

What did the court decide?

Writ petition (criminal) disposed with no costs: the 17th respondent temple is to inform its proposed survey date (copy marked to petitioner), and upon receipt of that letter the 5th and 8th respondents are to give necessary police protection for surveying the temple land; the connected miscellaneous petition (WPMP Crl. No. 228 of 2025) is closed. ¶71-72

A Radhakrishnan Vs The Director General of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶71-72

Issue for consideration

Whether the order of the 8th respondent dated 21/4/2025 (Ref. 02/Ne.K.Ka.Ne) is liable to be called for and quashed. +1 more

¶43-44

Ratio / Principle

When third persons create law-and-order issues while the HR&CE team along with revenue officials survey temple lands, it is the duty of the concerned jurisdictional police to grant protection.

¶53-55

Key takeaways

The Court recorded the Government Advocate's submission that due protection will be given if the next date of surveying is intimated, and directed that the 17th respondent temple inform its proposed survey date (marking a copy to the petitioner), whereupon the 5th and 8th respondents shall give the necessary protection for surveying the land.ratio¶61-63
If there are third-party encroachers, it will be open to the HR&CE department to invoke the provisions of the HR&CE Act and evict them as per due process of law; unconnected parties without any possession or semblance of right who form a mob and create a ruckus will face appropriate action in accordance with law.obiter¶64-66

Detailed headnote1 paragraphs

Writ Petition (Criminal) under Article 226 of the Constitution of India, filed by a party-in-person, sought a writ of certiorarified mandamus to quash the order of the Inspector of Police, Negamam Police Station (8th respondent) in Ref. 02/Ne.K.Ka.Ne dated 21.04.2025, and to direct police protection for survey, demarcation and erection of boundary stones of the properties of Arulmigu Sendaraya Perumal Temple, Chinna Negamam (17th respondent), pursuant to the petitioner's representation dated 05.07.2025. The Court observed that when third persons create law-and-order issues during a survey of temple lands by the HR&CE team and revenue officials, it is the duty of the jurisdictional police to grant protection. Recording the Government Advocate's assurance that due protection would be given upon intimation of the survey date, the Court directed the temple to inform its proposed survey date (with a copy to the petitioner), whereupon the Superintendent of Police, Coimbatore (5th respondent) and the Inspector of Police, Negamam Police Station (8th respondent) were to provide the necessary protection. The Court clarified that third-party encroachers may be evicted by the HR&CE department under the HR&CE Act as per due process of law, and that unconnected persons without possession or semblance of right who form mobs and create ruckus would face appropriate action in accordance with law. The writ petition was disposed of with no costs and the connected WPMP Crl. No. 228 of 2025 was closed.

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WP Crl. No. 481 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-08-2025

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CORAM

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THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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WP Crl. No. 481 of 2025 AND

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WPMP CRL. NO. 228 OF 2025

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A Radhakrishnan S/o. T. Arumuga Gounder, 38, MEttu Agraharam, Salem-636001.

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Appellant(s)

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The Director General of Police Head of the Police Force, Dr.Radhakrishnan Salai, Chennai-600 004.

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2.The Additional Director General of Police

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Law and order, Chennai-600 004.

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3.The Inspector General of Police Intelligence Wing, Chennai-600 004.

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4.The Inspector General of Police West Zone, Coimbatore.

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5.The Superintendent of Police Coimbatore.

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

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WP Crl. No. 481 of 2025

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6.The Deputy Superintendent of Police Pollachi.

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7.The Inspector of POlice Special Branch, Coimbatore.

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8.The Inspector of Police Negamam Police Station, Coimbatore District.

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9.The Secretary to Government Public Department, Secretariat, Chennai-600 009.

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

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11.The Secretary to Government Tourism Culture and Charitable Endowments, Secretariat, Chennai-600 009.

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12.The Commissioner of Revenue Administration

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Chepauk, Chennai 600005.

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13.The Commissioner Hindu Religious and Charitable Endowments, Department, 119, Nugambakkam High Road, Chennai 600034.

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14.The District Executive Magistrate cum District Collector Coimbatore.

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

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WP Crl. No. 481 of 2025

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15.The Joint Commissioner, Hindu Religious and Charitable Endowments, Department, Coimbatore.

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16.The Assistant Commissioner Hindu Religious and Charitable Endowments, Department, Coimbatore.

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17.The Managing trustee, Arulmigu Sendaraya Perumal Temple, Chinna Negamam, Coimbatore.

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Respondent(s)

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PRAYER

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This Writ Petition (Criminal) is filed under Article 226 of Constitution of India,

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praying to issue a writ order or direction more in the nature of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 8th respondent in 02/Ne.K.Ka.Ne dated 21.04.2025and quash the same, consequently issue direction directing the 4th to 8th respondents to provide necessary police protection to survey, demarcation and erecting boundary stones of temple property in respect of 17 th respondent temple properties and therby secure and safeguard the 17th respondent temple by considering petitioner representation dated 05.07.2025 and pass such further or other orders as this

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Court.

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

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WP Crl. No. 481 of 2025

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For Petitioner: Mr.A.Radhakrishanan, Party-in-person. For Respondent(s): Dr.C.E.Pratap, Government Advocate (Crl.Side) for R1to R8 M/s.R.Poornima for R17

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ORDER

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This writ petition is filed with a prayer to call for the records relating to

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the order of the 8th respondent dated 21/4/2025 and to quash the same and consequently issue the direction directing the 4th to 8th respondents to provide

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necessary police protection for the survey demarcation and erection of boundary

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stones of the temple property in respect of the 17th respondent temple and

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thereby secure and safeguard the 17th respondent temple by considering the petitioners representation dated 5/7/2025.

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2.Upon hearing the petitioner in person, who is appearing in the matter,

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and the learned government advocate (criminal side) appearing for the official respondents, and the learned counsel appearing on behalf of the temple, it can

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be seen that the temple is possessed of certain lands, and the HR&CE team

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along with the revenue officials want to survey the temple. When third persons

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

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WP Crl. No. 481 of 2025

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are creating law and issues, it is the duty of the concerned jurisdictional police

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to grant protection.

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The learned government advocate (criminal side) appearing for the

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official respondents would submit that if they intimate the next date of

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surveying, due protection will be given. The same is recorded.

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In view thereof, the 17th respondent temple, by marking a copy to the

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petitioner, shall inform the next date which they propose for conducting the

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survey of the properties of the temple, and upon receipt of the said letter, the 5th

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and 8th respondents are directed to give the necessary protection for the purpose

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of the surveying of the land.

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It is also made clear that if there are 3rd party encroachers, then it will

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be open for the HR&CE department to invoke the provisions of the HR&CE

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Act and evict them as per due process of law. Without any possession or

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semblance of right, if unconnected parties form as a mob and create a ruckus,

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then appropriate action in accordance with law shall also be taken.

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

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WP Crl. No. 481 of 2025

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In view of the above, this writ petition (criminal) is disposed. No costs.

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Consequently, the connected miscellaneous petition is closed.

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05-08-2025

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jrs

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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1.The Director General of Police Head of the Police Force, Dr.Radhakrishnan Salai, Chennai-600 004.

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2.The Additional Director General of Police

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Law and order, Chennai-600 004.

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3.The Inspector General of Police Intelligence Wing, Chennai-600 004.

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4.The Inspector General of Police West Zone, Coimbatore.

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5.The Superintendent of Police Coimbatore.

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

¶84

WP Crl. No. 481 of 2025

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6.The Deputy Superintendent of Police Pollachi.

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7.The Inspector of POlice Special Branch, Coimbatore.

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8.The Inspector of Police Negamam Police Station, Coimbatore District.

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9.The Secretary to Government Public Department, Secretariat, Chennai-600 009.

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

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11.The Secretary to Government Tourism Culture and Charitable Endowments, Secretariat, Chennai-600 009.

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12.The Commissioner of Revenue Administration

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Chepauk, Chennai 600005.

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13.The Commissioner Hindu Religious and Charitable Endowments, Department, 119, Nugambakkam High Road, Chennai 600034.

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14.The District Executive Magistrate cum District Collector Coimbatore.

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

¶96

WP Crl. No. 481 of 2025

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15.The Joint Commissioner, Hindu Religious and Charitable Endowments, Department, Coimbatore.

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16.The Assistant Commissioner Hindu Religious and Charitable Endowments, Department, Coimbatore.

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17.The Managing trustee, Arulmigu Sendaraya Perumal Temple, Chinna Negamam, Coimbatore.

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The Public Prosecutor, High court of Madras.

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

¶102

WP Crl. No. 481 of 2025

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D.BHARATHA CHAKRAVARTHY J.

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jrs

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WP Crl. No. 481 of 2025 AND WPMP CRL. NO. 228 OF 2025

¶106

05-08-2025

¶107

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

A Radhakrishnan v. The Director General of Police

Case brief

What is this about?

What did the court decide?

A Radhakrishnan v. The Director General of Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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