A. Radhakrishnan, v. The Secretary to Government,

ORDER (Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the 16th respondent to take appropriate action to survey and identify the properties belonging to the 18th and 19th respondents temple and restore the same in favour of those temples by considering the report submitted by the 11th respondent dated

17.05.2018 in R.C.No.100/2018/B5 and the proceedings of the 16th respondent in R.C.No.4350/2018/A4 dated 04.09.2018 as well as by considering the petitioner's representation dated 30.04.2018.

¶2We do not think such a prayer can be granted based on a unilateral report of the Tahsildar. The question as to whether these properties are dedicated or there is a charge over the properties has to be decided only by a competent court having jurisdiction to go into the issue.

¶3Hence, we do not find any justification to grant the prayer in the public interest litigation. Accordingly, this Writ Petition is dismissed. No costs. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)

28.06.2023 Index : Yes / No bala To

¶1The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

¶2The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

¶3The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai-600 009.

¶4The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

¶5The Secretary to Government, Tourisim, Culture and Endowments Department, Secretariat, Chennai-600 009.

¶6The Commissioner of Land Administration, Chepauk, Chennai-600 005.

¶7The Director of Survey & Settlements, Chepauk, Chennai-600 005.

¶8The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-600 034.

¶9The Director General of Police, Dr.Radhakrishnan Road, Chennai-600 004.

¶10The District Collector, Madurai District, Madurai.

¶11The Taluk Executive Magistrate/Tahsildar, Madurai North Taluk,

¶12The Special Officer / Commissioner, Madurai Corporation,

¶13The Member Secretary, Madurai Local Planning Authority,

¶14The Deputy Inspector General of Registrations,

¶15The Commissioner of Police, Maduria City.

¶16The Joint Commissioner, Hindu Religious & Charitable Endowments Department,

¶17Thiru.Karumuthu T Kannan, Fit Person, Arulmigu Meenakshi Sundareswarar Temple,

¶18The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Temple,

¶19The Deputy Commissioner / Executive Officer, Arulmigu Subramaniaswamy Temple, Thiruparangundram,

¶20The Fit Person, Suravali Subbaiyer Dharmam and The Assistant Commissioner / Executive Officer, Arulmigu Koodal Alagar Temple, W.P(MD)No.22681eofe2018

R.SUBRAMANIAN , J. and

L.VICTORIA GOWRI , J. balagg g DATED : 28.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Radhakrishnan ... Petitioner vs. 1. The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009. 2. The Secretary to Government, Home Department, Secretariat, Chennai-600 009. 3. The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai-600 009. 4. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009. 5. The Secretary to Government, Tourisim, Culture and Endowments Department, Secretariat, Chennai-600 009. 6. The Commissioner of Land Administration, Chepauk, Chennai-600 005. 7. The Director of Survey & Settlements, Chepauk, Chennai-600 005. 8. The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-600 034. 9. The Director General of Police, Dr.Radhakrishnan Road, Chennai-600 004. 10. The District Collector, Madurai District, Madurai. 11. The Taluk Executive Magistrate/Tahsildar, Madurai North Taluk, 12. The Special Officer / Commissioner, Madurai Corporation, 13. The Member Secretary, Madurai Local Planning Authority, 14. The Deputy Inspector General of Registrations, 15. The Commissioner of Police, Maduria City. 16. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, 17. Thiru.Karumuthu T Kannan, Fit Person, Arulmigu Meenakshi Sundareswarar Temple, 18. The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, 19. The Deputy Commissioner / Executive Officer, Arulmigu Subramaniaswamy Temple, Thiruparangundram, 20. The Fit Person, Suravali Subbaiyer Dharmam and The Assistant Commissioner / Executive Officer, Arulmigu Koodal Alagar Temple, 21. Thiru.M.S.Sankar @ Sankaran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 16th respondent to take appropriate action to survey and identify the properties belonging to the 18th and 19th respondents temple and restore the same to in favour of those temples by considering the report submitted by the 11th respondent dated 17.05.2018 in R.C.No. 100/2018/B5 and the proceedings of the 16th respondent in R.C.No. 4350/2018/A4 dated 04.09.2018 as well as by considering the petitioner's representation dated 30.04.2018. For Petitioner : Party-in-person For R1 to R11, R13, R15, R16 & R19 : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.P.Subbaraj Special Government Pleader For R12 : Mr.K.K.Kannan For R14 : Mr.M.Prakash Additional Government Pleader For R17 : Mr.A.Kannan For R18 : Mr.T.S.R.Venkataramana Senior Counsel for Mr.VR.Shanmuganathan For R21 : Mr.R.Ponkarthikeyan