✦ High Court of India · 15 Apr 2025

High Court · 2025

Case Details High Court of India · 15 Apr 2025
Court
High Court of India
Decided
15 Apr 2025
Length
1,027 words

Acts & Sections

W.P.No.13339 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :15.04.2025CORAMTHE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYWrit Petition No.13339 of 2025A.Radhakrishnan,S/o T.Arumuga Gounder,38, Mettu Agraharam,Salem 636 001. .. Petitioner-in-person/versus/1.The Chief Secretary to Government,Secretariat, Chennai 600 009. 2.The Secretary to Government,Public Department, Secretariat, Chennai 600 009. 3.The Secretary to Government,Revenue Department,Secretariat, Chennai 600 009. 4.The Secretary to Government,Home Department,Secretariat, Chennai 600 009. 5.The Secretary to Government,Commercial Taxes and Registrations Department,Secretariat, Chennai 600 009. 6.The Secretary to Government,Housing and Urban Development Department,1/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Secretariat, Chennai 600 009. 7.The Secretary to Government,Municipal Administration and Water Supply Department,Secretariat, Chennai 600 009.8.The Secretary to Government,Panchayat Raj and Rural Development Department,Secretariat, Chennai 600 009. 9.The Secretary to Government,Industries Department,Secretariat, Chennai 600 009. 10.The Secretary to Government,Tourism Culture and Endowments Department,Secretariat, Chennai 600 009. 11.The Commissioner of Revenue Administration, Chepauk, Chennai 600 005. 12.The Commissioner of Land Administration, Chepauk, Chennai 600 005. 13.The Director of Survey and Settlements,Chepauk, Chennai 600 005. 14.The Inspector General of Registrations,100, Santhome High Road, Chennai 600 028. 15.The Commissioner of Geology and Mining, Guindy, Chennai 600 032. 16.The Chairman and Managing Director,Tamil Nadu Minerals LimitedChennai 600 005. 2/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 202517.The Commissioner,Hindu Religious and Charitable Endowments,119, Nungambakkam High Road, Chennai 600 034. 18.The District Executive Magistrate/District Collector, Krishnagiri District.19.The Additional District Executive Magistrate/District Revenue Officer, Krishnagiri. 20.The Special Tahsildar,Temple Lands, Krishnagiri.21.The Inspector General of Police,West Zone, Coimbatore. 22.The Superintendent of Police,Krishnagiri. 23.The Inspector of Police,District Special Branch, Krishnagiri.24.The Deputy Director,Geology and Mining Department,Krishnagiri. 25.The Joint Commissioner,Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 26.The Regional Audit Officer, Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 27.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,Krishnagiri. 3/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 202528.The Fit Person/Inspector,Arulmigu Nagalinga Swami Thirukoil(TMS CODE7574),Onnakuruki, Krishnagiri District. 29.The Hereditary Trusteee,Arulmigu Nagamuneeswarar Thirukoil(TMT CODE No.7359),Onnukuruki,Krishnagiri District... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to issue direction directing the 17th respondent to secure and safeguard the interest of 28th and 29th respondent temples, by considering petitioner representation dated 14.05.2019 and 01.04.2025.For Petitioner :Mr.A.Radhakrishnan(P-in-P)For Respondents :Mr.V.Maniharan, AGP for R1 to R15 Mr.S.Ravichandran, AGP(Hr & CE) for R17,25 to 29 Dr.C.E.Pratap, GA(Crl.Side) for R21 to R23-----ORDERThe writ petition is filed to consider the petitioner's reprsentation dated 01.04.2025.2.Upon hearing the petitioner-in-person, who appeared through video conferencing and the learned Additional Government Pleader appearing on 4/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025behalf of the HR and CE Department, it can be seen that the grievance of the petitioner is that in respect of the property belonging to the Arulmigu Nagaliga Swami Thirukoil, Onnukuruki, Krishnagiri District and Arulmigu Nagamuneeswarar Thirukoil, Onnukuruki, Krishnagiri District, the Register of properties is not maintained properly and the properties are not safeguarded. This apart, in the land very adjacent to the above temple structures, now permission is being processed and given by the District Collector as well as the Geology and Mining Department for quarrying granites. The same may be harmful for the very existence of the temple. The same is not taken care of by the 17th respondent and therefore, the present writ petition. 3.Per contra, the learned Additional Government Pelader (HR & CE) appearing on behalf of the 17th respondent would submit that the appropriate authority, namely, the 27th respondent will maintain the list of lands owned by these temples, which are arrayed as Respondents 28 and 29 and the properties will be safeguarded. 4. With reference to the issue of quarry license, the 27th respondent will also make a spot inspection and if it is in such a manner so as to cause any damage to the temple, will take up the issue to the District Collector and the 5/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Pollution Control Board and also the State Level Environmental Impact Committee and submit their objections in this regard. If the approval is already granted, they will also check, whether the querying will be detrimental to the temple structures and thereafter, take such remedial measures. The said action shall be taken within a period of 12 weeks from the date of recipe of the web copy of the order, without waiting for the certified copy of the order.5.Recording the above submissions, that are made by the learned Additional Government Pleader and issuing direction to the 27th respondent to take further action and the 17th and 25th respondents to supervise the same, this Writ Petition stands disposed of. No costs. 15.04.2025Neutral citation:noariTo1.The Chief Secretary to Government,Secretariat, Chennai 600 009. 2.The Secretary to Government,Public Department, Secretariat, Chennai 600 009. 6/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 20253.The Secretary to Government,Revenue Department,Secretariat, Chennai 600 009. 4.The Secretary to Government,Home Department,Secretariat, Chennai 600 009. 5.The Secretary to Government,Commercial Taxes and Registrations Department,Secretariat, Chennai 600 009. 6.The Secretary to Government,Housing and Urban Development Department,Secretariat, Chennai 600 009. 7.The Secretary to Government,Municipal Administration and Water Supply Department,Secretariat, Chennai 600 009.8.The Secretary to Government,Panchayat Raj and Rural Development Department,Secretariat, Chennai 600 009. 9.The Secretary to Government,Industries Department,Secretariat, Chennai 600 009. 10.The Secretary to Government,Tourism Culture and Endowments Department,Secretariat, Chennai 600 009. 11.The Commissioner of Revenue Administration, Chepauk, Chennai 600 005. 12.The Commissioner of Land Administration, Chepauk, Chennai 600 005. 13.The Director of Survey and Settlements,7/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Chepauk, Chennai 600 005. 14.The Inspector General of Registrations,100, Santhome High Road, Chennai 600 028. 15.The Commissioner of Geology and Mining, Guindy, Chennai 600 032. 16.The Chairman and Managing Director,Tamil Nadu Minerals LimitedChennai 600 005. 17.The Commissioner,Hindu Religious and Charitable Endowments,119, Nungambakkam High Road, Chennai 600 034. 18.The District Executive Magistrate/District Collector, Krishnagiri District.19.The Additional District Executive Magistrate/District Revenue Officer, Krishnagiri. 20.The Special Tahsildar,Temple Lands, Krishnagiri.21.The Inspector General of Police,West Zone, Coimbatore. 22.The Superintendent of Police,Krishnagiri. 23.The Inspector of Police,District Special Branch, Krishnagiri.24.The Deputy Director,8/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Geology and Mining Department,Krishnagiri. 25.The Joint Commissioner,Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 26.The Regional Audit Officer, Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 27.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,Krishnagiri. 28.The Fit Person/Inspector,Arulmigu Nagalinga Swami Thirukoil(TMS CODE7574),Onnakuruki, Krishnagiri District. 29.The Hereditary Trusteee,Arulmigu Nagamuneeswarar Thirukoil(TMT CODE No.7359),Onnukuruki,Krishnagiri District.30.The Additional Government Pleader, High Court, Madras.31.The Additional Government Pleader (HR and CE), High Court, Madras.32.The Government Advocate (Crl.Side), High Court, Madras. 9/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025D.BHARATHA CHAKRAVARTHY, J.ariWrit Petition No.13339 of 202515.04.202510/10

W.P.No.13339 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :15.04.2025CORAMTHE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYWrit Petition No.13339 of 2025A.Radhakrishnan,S/o T.Arumuga Gounder,38, Mettu Agraharam,Salem 636 001. .. Petitioner-in-person/versus/1.The Chief Secretary to Government,Secretariat, Chennai 600 009. 2.The Secretary to Government,Public Department, Secretariat, Chennai 600 009. 3.The Secretary to Government,Revenue Department,Secretariat, Chennai 600 009. 4.The Secretary to Government,Home Department,Secretariat, Chennai 600 009. 5.The Secretary to Government,Commercial Taxes and Registrations Department,Secretariat, Chennai 600 009. 6.The Secretary to Government,Housing and Urban Development Department,1/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Secretariat, Chennai 600 009. 7.The Secretary to Government,Municipal Administration and Water Supply Department,Secretariat, Chennai 600 009.8.The Secretary to Government,Panchayat Raj and Rural Development Department,Secretariat, Chennai 600 009. 9.The Secretary to Government,Industries Department,Secretariat, Chennai 600 009. 10.The Secretary to Government,Tourism Culture and Endowments Department,Secretariat, Chennai 600 009. 11.The Commissioner of Revenue Administration, Chepauk, Chennai 600 005. 12.The Commissioner of Land Administration, Chepauk, Chennai 600 005. 13.The Director of Survey and Settlements,Chepauk, Chennai 600 005. 14.The Inspector General of Registrations,100, Santhome High Road, Chennai 600 028. 15.The Commissioner of Geology and Mining, Guindy, Chennai 600 032. 16.The Chairman and Managing Director,Tamil Nadu Minerals LimitedChennai 600 005. 2/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 202517.The Commissioner,Hindu Religious and Charitable Endowments,119, Nungambakkam High Road, Chennai 600 034. 18.The District Executive Magistrate/District Collector, Krishnagiri District.19.The Additional District Executive Magistrate/District Revenue Officer, Krishnagiri. 20.The Special Tahsildar,Temple Lands, Krishnagiri.21.The Inspector General of Police,West Zone, Coimbatore. 22.The Superintendent of Police,Krishnagiri. 23.The Inspector of Police,District Special Branch, Krishnagiri.24.The Deputy Director,Geology and Mining Department,Krishnagiri. 25.The Joint Commissioner,Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 26.The Regional Audit Officer, Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 27.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,Krishnagiri. 3/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 202528.The Fit Person/Inspector,Arulmigu Nagalinga Swami Thirukoil(TMS CODE7574),Onnakuruki, Krishnagiri District. 29.The Hereditary Trusteee,Arulmigu Nagamuneeswarar Thirukoil(TMT CODE No.7359),Onnukuruki,Krishnagiri District... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to issue direction directing the 17th respondent to secure and safeguard the interest of 28th and 29th respondent temples, by considering petitioner representation dated 14.05.2019 and 01.04.2025.For Petitioner :Mr.A.Radhakrishnan(P-in-P)For Respondents :Mr.V.Maniharan, AGP for R1 to R15 Mr.S.Ravichandran, AGP(Hr & CE) for R17,25 to 29 Dr.C.E.Pratap, GA(Crl.Side) for R21 to R23-----ORDERThe writ petition is filed to consider the petitioner's reprsentation dated 01.04.2025.2.Upon hearing the petitioner-in-person, who appeared through video conferencing and the learned Additional Government Pleader appearing on 4/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025behalf of the HR and CE Department, it can be seen that the grievance of the petitioner is that in respect of the property belonging to the Arulmigu Nagaliga Swami Thirukoil, Onnukuruki, Krishnagiri District and Arulmigu Nagamuneeswarar Thirukoil, Onnukuruki, Krishnagiri District, the Register of properties is not maintained properly and the properties are not safeguarded. This apart, in the land very adjacent to the above temple structures, now permission is being processed and given by the District Collector as well as the Geology and Mining Department for quarrying granites. The same may be harmful for the very existence of the temple. The same is not taken care of by the 17th respondent and therefore, the present writ petition. 3.Per contra, the learned Additional Government Pelader (HR & CE) appearing on behalf of the 17th respondent would submit that the appropriate authority, namely, the 27th respondent will maintain the list of lands owned by these temples, which are arrayed as Respondents 28 and 29 and the properties will be safeguarded. 4. With reference to the issue of quarry license, the 27th respondent will also make a spot inspection and if it is in such a manner so as to cause any damage to the temple, will take up the issue to the District Collector and the 5/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Pollution Control Board and also the State Level Environmental Impact Committee and submit their objections in this regard. If the approval is already granted, they will also check, whether the querying will be detrimental to the temple structures and thereafter, take such remedial measures. The said action shall be taken within a period of 12 weeks from the date of recipe of the web copy of the order, without waiting for the certified copy of the order.5.Recording the above submissions, that are made by the learned Additional Government Pleader and issuing direction to the 27th respondent to take further action and the 17th and 25th respondents to supervise the same, this Writ Petition stands disposed of. No costs. 15.04.2025Neutral citation:noariTo1.The Chief Secretary to Government,Secretariat, Chennai 600 009. 2.The Secretary to Government,Public Department, Secretariat, Chennai 600 009. 6/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 20253.The Secretary to Government,Revenue Department,Secretariat, Chennai 600 009. 4.The Secretary to Government,Home Department,Secretariat, Chennai 600 009. 5.The Secretary to Government,Commercial Taxes and Registrations Department,Secretariat, Chennai 600 009. 6.The Secretary to Government,Housing and Urban Development Department,Secretariat, Chennai 600 009. 7.The Secretary to Government,Municipal Administration and Water Supply Department,Secretariat, Chennai 600 009.8.The Secretary to Government,Panchayat Raj and Rural Development Department,Secretariat, Chennai 600 009. 9.The Secretary to Government,Industries Department,Secretariat, Chennai 600 009. 10.The Secretary to Government,Tourism Culture and Endowments Department,Secretariat, Chennai 600 009. 11.The Commissioner of Revenue Administration, Chepauk, Chennai 600 005. 12.The Commissioner of Land Administration, Chepauk, Chennai 600 005. 13.The Director of Survey and Settlements,7/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Chepauk, Chennai 600 005. 14.The Inspector General of Registrations,100, Santhome High Road, Chennai 600 028. 15.The Commissioner of Geology and Mining, Guindy, Chennai 600 032. 16.The Chairman and Managing Director,Tamil Nadu Minerals LimitedChennai 600 005. 17.The Commissioner,Hindu Religious and Charitable Endowments,119, Nungambakkam High Road, Chennai 600 034. 18.The District Executive Magistrate/District Collector, Krishnagiri District.19.The Additional District Executive Magistrate/District Revenue Officer, Krishnagiri. 20.The Special Tahsildar,Temple Lands, Krishnagiri.21.The Inspector General of Police,West Zone, Coimbatore. 22.The Superintendent of Police,Krishnagiri. 23.The Inspector of Police,District Special Branch, Krishnagiri.24.The Deputy Director,8/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025Geology and Mining Department,Krishnagiri. 25.The Joint Commissioner,Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 26.The Regional Audit Officer, Hindu Religious and Charitable Endowments Department,Thiruvannamalai. 27.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,Krishnagiri. 28.The Fit Person/Inspector,Arulmigu Nagalinga Swami Thirukoil(TMS CODE7574),Onnakuruki, Krishnagiri District. 29.The Hereditary Trusteee,Arulmigu Nagamuneeswarar Thirukoil(TMT CODE No.7359),Onnukuruki,Krishnagiri District.30.The Additional Government Pleader, High Court, Madras.31.The Additional Government Pleader (HR and CE), High Court, Madras.32.The Government Advocate (Crl.Side), High Court, Madras. 9/10 https://www.mhc.tn.gov.in/judis W.P.No.13339 of 2025D.BHARATHA CHAKRAVARTHY, J.ariWrit Petition No.13339 of 202515.04.202510/10

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