A.Radhakrishnan, Vs the Secretary to Govt. — Writ and Judicial Review | Madras HC (2025)

A.Radhakrishnan, Vs the Secretary to Govt. — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondents to initiate all appropriate action under the HR & CE Act and the rules framed thereunder to remove encroachers from temple properties and utilise them for the benefit of the temple and devotees; petitioner permitted to submit fresh representations with all details to the competent authorities. No costs.

Issue for consideration

Whether the respondents should be directed to consider the petitioner's representation and initiate action to secure and safeguard the properties of the temple under the control of the 18th respondent from encroachment.

Court's answer

The competent authorities under the Hindu Religious and Charitable Endowments (HR & CE) Act are bound to initiate actions against encroachments in temple properties and protect them for the benefit of the temple concern.

Ratio / Principle

All procedures contemplated by the Act for resumption of temple properties from the hands of encroachers are to be followed without causing any undue delay.

Key takeaways

The respondents are directed to initiate all appropriate action to remove the encroachers and utilize the properties for the benefit of the temple and devotees as contemplated under the provisions of the Hindu Religious and Charitable Endowments (HR & CE) Act and the rules framed thereunder; the petitioner is at liberty to give fresh representations to the competent authorities providing all details enabling them to initiate appropriate actions.ratio¶57

Detailed headnote1 paragraphs

MADURAI BENCH OF MADRAS HIGH COURT (S.M.Subramaniam, J., author; A.D.Maria Clete, J.) — W.P.(MD)No.1624 of 2019, decided 24.06.2025: Petitioner, a party in person, sought a Writ of Mandamus under Article 226 of the Constitution of India directing eighteen respondents, principally the Executive Officer, Pudukottai Temples, to consider his representation for securing and safeguarding temple properties under encroachment. HELD: The competent authorities under the Hindu Religious and Charitable Endowments (HR & CE) Act are bound to initiate action against encroachments on temple properties and protect them for the temple's benefit; the statutory procedures for resumption of temple properties from encroachers must be followed without undue delay. Respondents were directed to initiate all appropriate action under the Act and the rules framed thereunder to remove encroachers and utilise the properties for the benefit of the temple and devotees; liberty granted to the petitioner to submit fresh representations with details. Writ petition disposed of. No costs. No precedent was cited and no impugned order was under challenge.

W.P.(MD)No.1624 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P(MD).No.1624 of 2019

A.Radhakrishnan

... Petitioner in person

-vs-

The Secretary to Government, Revenue Department, Secretariat,

Chennai-9.

The Secretary to Government, Home Deptartment, Secretariat,

Chennai-9.

3.The Secretary to Government, Tourism Culture And Endowments Department, Secretariat,

Chennai-9.

The Commissioner of Land Administration, Chepauk,

Chennai-5.

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W.P.(MD)No.1624 of 2019

The Director of Survey & Settlements, Chepauk, Chennai – 600 005.

The Inspector General of Registration, 100, Santhome High Road, Chennai – 600 028.

The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-34.

The District Collector, Pudukottai District.

The District Collector, Trichirapalli.

10.The District Collector, Karur.

11.The Inspector General of Police, Central Zone, Trichirapalli.

12.The District Revenue Officer, Pudukkottai.

13.The District Revenue Officer, Trichirapalli.

14.The District Revenue Officer, Karur.

15.The Regional Deputy Director of Survey & Land Records, Trichirapalli.

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W.P.(MD)No.1624 of 2019

16.The Joint Commissioner ,

Hindu Religious & Charitable Endowments Department, Trichirapalli.

17.The Chief Engineer,

Tamil Nadu Generation & Distribution Corporation, Trichirapalli.

The Executive Officer, Pudukottai Temples, Pudukottai.

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the respondents to consider the petitioner representation dated 13.12.2018 to secure and safeguard the property belonging to the temples comes under the control of 18^th respondent.

For Party in Person : Mr.A.Radhakrishnan

For R1 to R6, R8 to R10 and
R12 to R15	: Mr.P.Thilak Kumar, Government Pleader.
For R7 & R16	: Mr.P.Subba Raj,
	Special Government Pleader (HR & CE)
For R11	: Mr.T.Senthil Kumar
	Additional Public Prosecutor
For R17	: Mr.S.Deenadayalan
	Standing Counsel for TANGEDCO
For R18	: Mr.G.Mathavan

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W.P.(MD)No.1624 of 2019

ORDER

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

The relief sought for in the present writ petition is to direct the respondents to consider the petitioner's representation dated 30.12.2018 to secure and safeguard the property belonging to the temple coming under the control of the 18^th respondent.

The 18^th respondent is the Executive Officer of the Pudukottai Temples, Pudukottai. The petitioner in person would submit that the temple properties under encroachment are not removed and therefore, a complaint was registered by him. Since no action has been taken, the present writ petition came to be instituted.

It is needless to state that the competent authorities of the Hindu Religious and Charitable Endowments (HR & CE) Act are bound to initiate actions against the encroachments in the temple properties and protect the same for the benefit of the temple concern. Since the act contemplates several procedure to be followed for resumption of temple properties from

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W.P.(MD)No.1624 of 2019

the hands of the encroachers all such procedures are to be followed without causing any undue delay. Thus, the respondents are directed to initiate all appropriate action to protect the temple authorities and by removing the encroachers and utitlize the properties for the benefit of the temple and devotees as contemplated under the provisions of the Hindu Religious and Charitable Endowments (HR & CE) Act and the rules framed thereunder. The petitioner is at liberty to give a fresh representations to the competent authorities providing all details enabling them to initiate appropriate actions.

With these observations, the writ petition stands disposed of. No

costs.

(S.M.S., J.) (A.D.M.C., J.)

24.06.2025

NCC :yes/No Index :yes/No Internet:yes/No rgm

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W.P.(MD)No.1624 of 2019

To

The Secretary to Government, Revenue Department, Secretariat,

Chennai-9.

The Secretary to Government, Home Deptartment, Secretariat,

Chennai-9.

3.The Secretary to Government, Tourism Culture And Endowments Department, Secretariat,

Chennai-9.

The Commissioner of Land Administration, Chepauk, Chennai-5.

The Director of Survey & Settlements, Chepauk,

Chennai – 600 005.

The Inspector General of Registration, 100, Santhome High Road, Chennai – 600 028.

The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-34.

The District Collector, Pudukottai District.

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W.P.(MD)No.1624 of 2019

The District Collector, Trichirapalli.

10.The District Collector, Karur.

11.The Inspector General of Police, Central Zone, Trichirapalli.

12.The District Revenue Officer, Pudukkottai.

13.The District Revenue Officer, Trichirapalli.

14.The District Revenue Officer, Karur.

15.The Regional Deputy Director of Survey & Land Records, Trichirapalli.

16.The Joint Commissioner , Hindu Religious & Charitable Endowments Department, Trichirapalli.

17.The Chief Engineer, Tamil Nadu Generation & Distribution Corporation, Trichirapalli.

The Executive Officer, Pudukottai Temples, Pudukottai.

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W.P.(MD)No.1624 of 2019

S.M.SUBRAMANIAM, J. and A.D.MARIA CLETE, J.

rgm

W.P(MD).No.1624 of 2019

24.06.2025

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