High Court · 2025

WP No. 23509 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 31-07-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 23509 of 2025A.RadhakrishnanPetitioner(s)Vs1.The Secretary to Government,Revenue Department, Secretariat, Chennai - 600 009.2.The Secretary to GovernmentTourism Culture and Endowments Department, Secretariat, Chennai - 600 009.3.The Commissioner of Revenue AdministrationChepauk, Chennai 600 005.4.The Commissioner of Land AdministrationChepauk, Chennai 600 005.5.The Archaeological CommissionerPage No.1 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 2025Archaeological Department, Egmore, Chennai - 600 008.6.The CommissionerHindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai 600 034.7.The District Executive MagistrateDistrict Collector, Dharmapuri.8.The Additional District MagistrateDistrict Revenue Officer, Dharmapuri.9.The Sub Divisional Executive District Magistrate/Revenue Divisional Officer, Harur.10.The Taluk Executive MagistrateTahsildar, Pappireddipatty, Dharmapuri District.11.The Special TahsildarTemple Lands, Dharmapuri.12.The Superintendent of PoliceDharmapuri.13.The Joint CommissionerHindu Religious and Charitable Endowments Department, Salem - 636 001Page No.2 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 202514.The Regional Audit Officer,Hindu Religious and Charitable Endowments Department, Salem.15.The Executive Engineer,Hindu Religious and Charitable Endowments Department, Salem.16.The Assistant Commissioner,Hindu Religious and Charitable Endowments Department, Dharmapuri.17.The Trustee,Arulmigu Kalyanaramar and Nanjundeswarar Temple Groups, Thenkaraikottai, Pappireddipatty, Dharmapuri District.18.The Executive Officer,Arulmigu Kalyanaramar and Nanjundeswarar Temple Groups, Thenkaraikottai, Pappireddipatty, Dharmapuri District.19.Nasar Mohamed Kasim20.Shagul Ameeth Kadharsherif21.Thameejohn Rahamadhulla22. Kamal Basha Ahamad BashaRespondent(s)Page No.3 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 2025[R19 to R22 are impleaded as per order dated 31.07.2025 made in WMP.Nos32225, 32249, 32252 & 32253/2025 in WP.No.23509/2025]PRAYERdirecting the respondents 3 to 14 to secure and safeguard the 18th respondent temple's properties and its administration by considering petitioner representations dated 08.03.2016, 28.03.2025 and 22.06.2025.For Petitioner(s):Mr.A.Radhakrishnan(Petitioner - In - Person)For Respondent(s):Mr.T.M.Rajangam, GAFor R1, R3 to R5, R7 to R11Mr.V.Meganathan, GA (Crl. Side) For R12Mr.K.Karthikeyan, GAFor R2, R6, R13 to R18Mr.K.F.Manavalan For R19 to R22ORDERThis writ petition has been filed for the issue of a writ of mandamus directing the respondents 3 to 14 to secure and safeguard the property belonging to the 18th respondent/Temple and also to take over the administration of the Temple by considering the representations made by the petitioner.Page No.4 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 20252. When the above writ petition came up for hearing on 30.06.2025, this Court passed the following orders:“Mr.K.Karthikeyan, learned Government Advocate takes notice on behalf of R2, R6, R13 to 18. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for RR 1, 3 to 5 and 7 to 11. 2. It is brought to the notice of this Court that the District Collector has already called for the meeting on 05.07.2025. Hence, the learned Government Advocate who has taken notice on behalf of the HR & CE Department shall take instructions and file a status report before this Court. Based on the same, final orders can be passed in this writ petition. 3. Post this writ petition at the end of the motion list on 17.07.2025.” 3. The matter was listed for hearing on 17.07.2025 and on that day, the 18th respondent filed a status report. In this status report, the 18th respondent has explained the location of the Temple and the steps taken to maintain the Temple. Apart from that, the relevant portion in the status report is extracted hereunder: Page No.5 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 2025“6. It is submitted that an application dated 27/07/2020 has been sent to the District Revenue Officer, Dharmapuri to grant patta for the lands in S.No.340/1 in the name of the temple in order to safeguard the properties of the temple and its possessory and the same is pending. It is submitted that the usufruct rights of the tamarind trees in S.No.340/1 for the fasli 1433 was let out through public auction by the temple. Since there was no yield in fasli 1434, the auction was not conducted and steps are being to taken to let out the usufructrights of the yielding trees for the present fasli 1435.7. It is submitted that the Fort has been built during the 15th Century Nayyakar rulers and the temples have been inspected by the Archaeological consultant and based on the report dated 28.04.2022, the repair works are to be carried out. The repair and renovation works of the temple has been proclaimed already in the Tamil Nadu Assembly Announcement 2023-2024 announcement no.134, and an estimate of Rs.3.58 lakhs for repair works and stone flooring has been approved by the Commissioner HRCE Page No.6 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 2025Department. It is submitted since the temple is financially deficit, the renovation works are to be carried out by the Commissioner Common Good Fund and the tenders have been invited on15.07.2025. It is submitted that after obtaining tender approval the renovation works are to be started. Additionally, painting works estimated for Rs.1.80 lakhs are being carried out through a donor and the works have already started after proper approval. It is submitted that after completion of the renovation works, the consecration of the temple is tentatively scheduled on 07.09.2025.8. It is submitted that the temple car is completely dilapidated and cannot be restored as of now. The temple has no ample funds to build a new car now and so after the completion of consecration, steps will be taken to request donor funds to build a new car to the temple.9. It is submitted that District Collector, Dharmapuri along with Revenue Divisional Officer has inspected the temple and lands on 02.07.2025 and the lands in S.No.340/1 has been surveyed by revenue Page No.7 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 2025officials on 03.07.2025. It is submitted that there are 76 residential occupations and 32 commercialoccupations outside the Fort campus. Since the S.No.340/1 is classified as Arasu poramboke, the encroachments cannot be evicted under the provisions of sec. 78 of the THRCE Act 22/1959:”4. On carefully going through the above status report this Court passed the following order on 17.02.2025:“When the matter was taken up for hearing today, the status report of the 18 th respondent was filed before this Court and a copy of the same was also served on the petitioner, who appeared in person. On going through the same, it is seen that the eviction proceedings has to be initiated only on the side of the revenue authorities. The petitioner who appeared in person submitted that the officials made an inspection this week and hence, this Court can await for the report. 2. Post this writ petition under the caption for orders on 31.07.2025.” Page No.8 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 20255. When the writ petition was taken up for hearing, the report of the Revenue Divisional Officer (RDO), Harur dated 14.07.2025 submitted to the District Collector, Dharmapuri, was placed before this Court. This Court carefully went through the said report. In the meantime, impleading petitions have been filed on the ground that the proposed respondents have nothing to do with the temple property, but, however, in the guise of eviction, they should not be disturbed and such clarification is required. 6. In the considered view of this Court, a report has now been submitted by the Revenue Divisional Officer (RDO), Harur to the District Collector. Hence, there shall be a direction to the District Collector to act upon the same and take necessary action required in coordination with the Hindu Religious and Endowments Department. It shall be ensured that the temple and its properties are properly secured, managed and administered. This process shall be completed within a period of three (3) months from the date of receipt of a copy of this order.Page No.9 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 20257. In result, this Writ Petition is disposed of in the above terms. No costs.31-07-2025 (2/2)Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoJeniTo1.The Secretary to Government,Revenue Department, Secretariat, Chennai - 600 009.2.The Secretary to GovernmentTourism Culture and Endowments Department, Secretariat, Chennai - 600 009.3.The Commissioner of Revenue AdministrationChepauk, Chennai 600 005Page No.10 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 20254.The Commissioner of Land AdministrationChepauk, Chennai 600 005.5.The Archaeological CommissionerArchaeological Department, Egmore, Chennai - 600 008.6.The CommissionerHindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai 600 034.7.The District Executive MagistrateDistrict Collector,Dharmapuri.8.The Additional District MagistrateDistrict Revenue Officer, Dharmapuri.9.The Sub Divisional Executive District MagistrateRevenue Divisional Officer, Harur.10.The Taluk Executive MagistrateTahsildar, Pappireddipatty, Dharmapuri District.11.The Special TahsildarTemple Lands, Dharmapuri.12.The Superintendent of PoliceDharmapuri.Page No.11 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 202513.The Joint CommissionerHindu Religious and Charitable Endowments Department, Salem - 636 00114.The Regional Audit Officer,Hindu Religious and Charitable Endowments Department, Salem.15.The Executive Engineer,Hindu Religious and Charitable Endowments Department, Salem.16.The Assistant Commissioner,Hindu Religious and Charitable Endowments Department, Dharmapuri.17.The Trustee,ArulmiguKalyanaramar and Nanjundeswarar Temple Groups, Thenkaraikottai, Pappireddipatty, Dharmapuri District.18.The Executive Officer,ArulmiguKalyanaramar and Nanjundeswarar Temple Groups, Thenkaraikottai, Pappireddipatty, Dharmapuri DistrictPage No.12 of 13 https://www.mhc.tn.gov.in/judis WP No. 23509 of 2025N.ANAND VENKATESH J.JeniWP No. 23509 of 202531-07-2025 (2/2)Page No.13 of 13