High Court · 2026

WP No. 10088 of 2021__________Page1 of 9IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-02-2026CORAMTHE HON'BLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HON'BLE MR.JUSTICE C.KUMARAPPANWP No. 10088 of 2021andWMP No. 17736 of 2021A.RadhakrishnanS/O T. Arumuga Gounder Kannankurichi Salem- 636008..Petitioner(s)Vs1.The Secretary to GovernmentPersonnel and Administrative Reforms Department Secretariat chennai- 92.The Secretary to GovernmentRevenue Department,Secretariat chennai- 93.The Secretary to GovernmentHome Department Secretariat chennai- 94.The Secretary to GovtIndustries Department , Secretariat chennai- 95.The Secretary to GovernmentTourism Culture and Endowments Department Secretariat chennai- 96.Thiru K. Panindra Reddy IASPrevious CommissionerHindu Religious and CharitableEndowments Department 119 Nungambakkam High Rad chennai- 347.The Commissioner of LandAdministration chepauk chennai- 58.The Commissioner of Geology and MinningGuindy, Chennai- 32 https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page2 of 99.The Commissioner Hindu Religious andcharitble Endowments Department 119, Nungambakkam High Road chennai- 3410.The Director General of PoliceDr Radhakrishnan salai chennai- 411.The Director of Vigilance andAnti Corruption 293 MKN Road Alandur chennai- 1612.The District collectorSalem- 63600113.The Deputy Inspector Genereal of PoliceSalem- 63600714.The Deputy Inspector General ofRegistrations 3rd Floor collectorate Salem- 63600115.The Sub Divisional Executive MagistrateCum sub collector Mettur Salem District16.Assistant director of Geology and MiningCollectorate Salem- 63600117.Assistant Director of Survey and Land RecordsCollectorate Salem- 63600118.The Joint CommissionerHindu Religious and Charitable Endowments Department,Salem- 63600119.The Assistant CommissionerHindu Religious and CharitableEndowments DepartmentSalem- 63600120.The Assistant CommissionerHindu Religious and Charitable Endowments Department Salem- 63600121.The Inspector of Police https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page3 of 9Omalur Town- 636455Salem District22.Tmt K.S.MangayarkarasiPrevious Joint CommissionerHindu Religious and Charitableendowments Department Now Working as Joint CommissionerHindu Religious and Charitable Endowments Department 20, Chinnamuthu Street Perundurai Road Erode 63800123.Tmt V.SabarmathiPrevisous Assistant CommissionerHindu Religius and CharitableEndowments Department Salem- 636001 Now Working as asssitant Commissiner/ Executive officer Arulmigu Sangameswarar Swamy Temple Bhavani 63830124.Tmt KalaiselviPrevious Fit Persons Arulmugu Kannanur Mariamman Temple Omalur Town- 636455 Salem DistNow Working as Executive officer Arulmigu ekambrareswarar Swamy Temple Kadai Veethi Salem Town- 63600125.Thiru O. E. SivamahendranS/O. LTE O.K.Ekambaram TrusteeArulmigu Kottai Mariamman Temple Omalur Town Resident at Kannanur Mariamman Temple StreetOmalur- 636455 Salem District.26.Thiru K. ArunachalamS/O. Kuppan velagoundanur Pachanampatti- 63645 Omalur TalukSalem District.27.Thiru K. SrinivasanS/O. Kuppan velagoundanur Pachanampatti- 63645 Omalur TalukSalem District. https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page4 of 928.The Fit PersonArulmigu Kannanur Mariamman Temple Omalur Town- 636455Salem District...Respondent(s)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 28th 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.WP No. 10088 of 2021For Petitioner(s):A.Radhakrishnan, Party in PersonFor Respondent(s):Mr. T.Arun Kumar, AGP for R1 To R8, R10 To 17 & R21No Appearance For R22, R23 To R27.Mr. N.R.R.Arun Natarajan, SGP (HR & CE) for R9, R18 To R20 & 28ORDER(Order of the Court was made by S.M.Subramaniam J.)Ms.V.Sabarmathi, Joint Commissioner, Salem, is present and filed a status report. 2. The status report would show that the lease period expired and the https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page5 of 9lessees, 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.3. 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. 4. Regarding illegal mining already occurred, the learned Special https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page6 of 9Government 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. 5. 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. 6. No further orders are required, in view of the above directions.(S.M.S.,J.) (C.K.,J.) 24-02-2026VSITo1.The Secretary to GovernmentPersonnel and Administrative Reforms Department, Secretariat, Chennai- 92.The Secretary to GovernmentRevenue Department,Secretariat chennai- 93.The Secretary to GovernmentHome Department Secretariat chennai- 94.The Secretary to GovtIndustries Department , Secretariat, Chennai- 9 https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page7 of 95.The Secretary to GovernmentTourism Culture and Endowments Department Secretariat chennai- 96.Thiru K. Panindra Reddy IASPrevious CommissionerHindu Religious and CharitableEndowments Department 119 Nungambakkam High Rad chennai- 347.The Commissioner of LandAdministration Chepauk chennai- 58.The Commissioner of Geology and MinningGuindy Chennai- 329.The Commissioner Hindu Religious andcharitble Endowments Department 119, Nungambakkam High Road Chennai- 3410.The Director General of PoliceDr Radhakrishnan salai Chennai- 411.The Director of Vigilance andAnti Corruption 293 MKN Road Alandur chennai- 1612.The District collector,Salem- 63600113.The Deputy Inspector Genereal of PoliceSalem- 63600714.The Deputy Inspector General ofRegistrations 3rd Floor collectorate Salem- 63600115.The Sub Divisional Executive MagistrateCum sub collector Mettur Salem District16.Assistant director of Geology and MiningCollectorate Salem- 63600117.Assistant Director of Survey and Land RecordsCollectorate Salem- 63600118.The Joint CommissionerHindu Religious and Charitable Endowments Department,Salem- 63600119.The Assistant Commissioner https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page8 of 9Hindu Religious and CharitableEndowments DepartmentSalem- 63600120.The Assistant CommissionerHindu Religious and Charitable Endowments Department Salem- 63600121.The Inspector of Police,Omalur Town- 636455,Salem District22.Tmt K.S.MangayarkarasiPrevious Joint CommissionerHindu Religious and Charitableendowments Department Now Working as Joint CommissionerHindu Religious and Charitable Endowments Department 20, Chinnamuthu Street Perundurai Road Erode 63800123.Tmt V.SabarmathiPrevisous Assistant CommissionerHindu Religius and CharitableEndowments Department Salem- 636001 Now Working as asssitant Commissiner/ Executive officer Arulmigu Sangameswarar Swamy Temple Bhavani 63830124.Tmt KalaiselviPrevious Fit Persons Arulmugu Kannanur Mariamman Temple Omalur Town- 636455 Salem DistNow Working as Executive officer Arulmigu ekambrareswarar Swamy Temple Kadai Veethi Salem Town, Salem- 63600125.Thiru O. E. SivamahendranS/O. LTE O.K.Ekambaram TrusteeArulmigu Kottai Mariamman Temple Omalur Town Resident at Kannanur Mariamman Temple StreetOmalur- 636455 Salem District.26.Thiru K. ArunachalamS/O. Kuppan velagoundanur Pachanampatti- 63645 Omalur TalukSalem District.27.Thiru K. SrinivasanS/O. Kuppan velagoundanur Pachanampatti- 63645 Omalur TalukSalem District.28.The Fit PersonArulmigu Kannanur Mariamman Temple Omalur Town- 636455Salem District. https://www.mhc.tn.gov.in/judis WP No. 10088 of 2021__________Page9 of 9S.M.SUBRAMANIAM J.ANDC.KUMARAPPAN J.VSIWP No. 10088 of 2021andWMP No. 17736 of 202124-02-2026