A.Radhakrishnan Vs The Secretary to Government

seeking to issue a Writ of Mandamus, directing the respondents to rectify the anomalies stated in the audit report about 16threspondent temple administration and its assets by considering the petitioner representatiodate11.03.202an25.04.2026.

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For Petitioner(s): Mr.A.Radhakrishnan (Party-in-Person)

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For Respondent(s): Mr.K.Karthikeyan, GA (HR & CE) Mr.V.Meghanathan, GA (Crl side) R12 Mr.M.Rajendiran, AGP for RR 2 to 4, 7 to 11

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ORDER

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The writ petition has been filed seeking a direction to the respondents to

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rectify the anomalies stated in the audit report about 16threspondent temple administration and its assets by considering the petitioner representatiodate11.03.202an25.04.2026.

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It is the case of the petitioner that the 16th respondent temple is an ancient 7th Century Hindu Temple dedicated to Lord Shiva and Goddess Parvathy known as Kabaleeshwarar and Karpagambal situated in Mylapore, Chennai with a 124 feet tall Gopuram and sacred Punai Tree. The temple conducts the 10th days Arubathimoovar festival and 10 days Brahmotsavam every year. The Auditing Wing of the 5th respondent Department conducted an audit of the 16th respondent Temple and submitted a detailed report disclosed serious illegalities and irregularities in the temple administration and assets. The petitioner made a representation dated 11.03.2026 to the 5th respondent for

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

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WP No. 17188 of 2026

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immediate appropriate swift action to rectify the anomalies. Since there was no action, a reminder representation was sent on 25.04.2026 to all the respondents.

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It is the grievance of the petitioner that the 5th respondent has to rectify the anomalies mentioned in the audit report along with other respondent, and without intervention of other respondents, the 5th respondent is not in a position to address and redress the anomalies. The inaction will seriously prejudice the interest of the 16th respondent temple, which is not sustainable.

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The learned Government Advocate appearing for the respondents, on instructions, submitted that if the petitioner's representations are pending, the 5th respondent will consider the same and take appropriate action in accordance with law within a reasonable time to be fixed by this Court.

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Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

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The 16th respondent temple is a public religious institution and a minor under Section 6(17) of the Tamil Nadu HR and CE Act. The authorities are bound to protect its properties and ensure proper administration. When the audit conducted by the department itself discloses serious illegalities, the 5th respondent is duty-bound to act upon the same. Inaction amounts to abdication

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

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WP No. 17188 of 2026

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of statutory duty.

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This Court is not expressing any opinion on the merits of the allegations.

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However, the petitioner's representations deserve to be considered and disposed

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of in a time-bound manner.

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Therefore, this Court directs the 5th respondent to consider the petitioners representation dated 11.03.2026 and 25.04.2026 and take appropriate action on

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the audit report relating to the 16th respondent temple, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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8.1. The 5th respondent shall afford an opportunity of hearing to the

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petitioner and other necessary parties before passing final orders.

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8.2. A reasoned speaking order shall be passed and communicated to the petitioner within the said period of twelve weeks.

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8.3 . It is made clear that this Court has not expressed any opinion on the

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merits of the case and the 5th respondent shall take an independent decision

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based on the audit report and materials available.