IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P.No. 27646 of 2021 A.Radhakrishnan, S/o. T.Arumuga gounder, Kannankurichi, Salem – 636 008. …Petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)

W.P.No. 27646 of 2021

A.Radhakrishnan,
S/o. T.Arumuga gounder,
Kannankurichi,
Salem – 636 008. …Petitioner
-Versus-

1. The Secretary to Government,
Tourism Culture & Endowments Department, Secretariat, Chennai – 600 009.

2. The Secretary to Government,
Revenue Department, Secretariat, Chennai – 600 009.

3. The Secretary to Government,
Industrial Department, Secretariat, Chennai – 600 009.

4. The Secretary to Government,
Home Department,
Secretariat,
Chennai – 600 009

5. The Commissioner,
Hindu Religious & Charitable Endowments, 119, Nungambakkam High Road, Chennai – 600 034.

6. The Commissioner of Revenue Administration,
Chepauk,
Chennai – 600 005.

7. The Commissioner of Land Administration,
Chepauk,
Chennai – 600 005.
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8. The Commissioner of Survey and Settlements,
Chepauk,
Chennai – 600 005.

9. The Director Geology and Mining,
Guindy,
Chennai – 600 032.

10. The Director General of Police,
And Head of the Police Force, Dr.Radhakrishnan Salai, Chennai – 600 004.

11. The Inspection Cell Officer,
1st Floor, Collectorate, Salem – 636 001.

12. The District Executive Magistrate cum Collector, Krishnagiri.

13. The Deputy Inspector General of Police,
Salem Range, Salem – 636 007.

14. The Regional Deputy Director,
Survey and Land Records Department,
Collectorate Campus, Coimbatore.

15. The Joint Commissioner,
Hindu Religious & Charitable Endowments, Thiruvanamalai.

16. The Assistant Commissioner,
Hindu Religious & Charitable Endowments, Krishnagiri.

17. The Executive Officer,
Arulmigu Veera Anjaneyarswamy Temple,
Baiyur, Sappanipatty,
Errahalli Panchayat,
Krishnagiri taluk & District
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-03- 18. The Fit Person,
Arulmigu Anumantharaya Swamy Temple,
Nagamangalam Village, Thenkanikottai Taluk, Krishnagiri district.

19. The Fit Person,
Arulmigu Pattalamman Temple,
Palekuli Village,
Krishnagiri Taluk & District.

20. The Fit Person,
Arulmigu Periyamalai Perumal Temple,
Palekuli Village,
Krishnagiri Taluk & District.

21. The Present Administrator,
Arulmigu Varadharaja Perumal Temple,
Old Arasampatty,
Pendarahalli Village, Pochampalli Taluk, Krishnagiri District.

22. The Executive Officer,
Arulmigu Kothandaramaswamy Temple,
Baiyur,
Kaveripattinam Village, Krishnagiri taluk & District.

23. The Fit Person,
Arulmigu Kasiviswanathar Temple,
Koolikanapalli Village,
Hosur Taluk,
Krishnagiri District.

24. Thiru.Govindaraj,
Head Assistant,
Assistant Commissioner’s Office,
Hindu Religious & Charitable Endowments Department,
Krishnagiri. …Respondents
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Corrns:Nil

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AFFIDAVIT OF A. RADHAKRISHNAN

I, A.Radhakrishnan, son of T.Arumuga gounder, Hindu, Male, aged about 42 years, residing at Kannankurichi, Salem – 636 008, temporarily come down to Chennai, do hereby solemnly affirm and sincerely state as follows:-.

1. I am the petitioner herein and an Ardent devotee to 17 to 23rd respondents and as such I am well acquainted with the facts and circumstances of the case.

2. I submit that past 2 ½ decades I involved myself into secure and safeguard the temple properties and retore the same to the respective temples. The provision of Hindu Religious and Charitable Endowments Act 1959 has empower that person having interest can invoke steps to secure and safeguard the minor properties of temples and the term used in the legislature is that ‘the person having interest’. Right from my childhood I dedicated to public service and the same has evolved into spiritual service of secure and safeguard the religious properties as well as its administration for the betterment of minor temples and its devotees respectively.

3. In the due course of my spiritual service of secure and safeguard the temple properties all over the State, I have visited Krishnagiri District and inspected several temples and its properties on various dates along with the HR & CE and Temple Officials, Revenue, Survey and Police Departments, Electricity Board, Local body and other departments.
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4. After visiting the temples and its properties with concerned departments officials, there was a meeting convened thereafter in the presence of 12th respondent who headed the meeting on 20.06.2015. In that meeting I was pointed out regarding the illegal activities on temple properties and requested to take appropriate action to secure and safeguard the properties belonging to the respective temples and in that meeting, there was elaborate discussion went on to safeguard the temples and its management, on that basis, there was a suitable instruction issued by the 12th respondent to all his subordinates for safeguarding the temple properties.

5. It is relevant to point out here that in respect of failure in safeguarding the temple properties by a HR & CE, Assistant Commissioner, Dharmapuri namely Thiru.G.Ramesh, I made complaint as against him in respect of dereliction of duty and thereby he was initially suspended and after an enquiry and on proving the charge as against him, he was dismissed from service and this incident is a tip of iceberg prevailing anomaly in the HR & CE department all over the State.

6. The 16th respondent temple has property in
S.F.No.720/1 to an extent of 0.68.5 hectare and the same is situated prime locality adjacent to the four-way National Highway and to safeguard the said property, I made request and thereby 7th respondent issued instruction dated 19.09.20216 in D.O.Letter No.T2/18333/2015 and wherein he instructed to take immediate steps on my request and submit report within a week and however as of now the said land was not at all secure and safeguarded.
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7. As far as 18th respondent temple, I have visited on September 2018, my shock and dismay I came to know that the 18th respondent temple has properties in various survey number and the same was illegally acquired by the unsocial elements with connivance of HR & CE Department officials. Immediately after knowing the same, I brought to the knowledge of Joint Commissioner, HR & CE, Salem on 07.09.2018 as in person and also submitted my written representation to him. On receipt of my written representation, one Mr.Udayakumar, who was working as a Manager, Joint Commissioner of HR & CE Office, Salem had duly informed to Assistant Commissioner, HR & CE, Dharmapuri over phone and insist to submit detailed report in respect of my representation, which has serious issue in it.

8. Even though I have submitted my representation way back 07.09.2018 in safeguard the 17th respondent temple properties and however there is no response so far, therefore I have once against visited the 17th respondent temple properties on 09.12.2021 along with Revenue Officials and Police and however the person who are important to safeguard the minor temple properties of HR & CE department of 16th respondent has purposely avoid to visit the properties to escape from the clutches of law for the reason best known to him.

9. In the said visit I was noticed that the 18th respondent temple has properties in Nagamangalam village, Krishnagiri Taluk & District in patta No.18 at S.F.No.575, 576, 577 & 578 to an extent of 4.88.00 Hectare and in the same village, Taluk & District,
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in patta No.25 at S.F.No.638, the temple has another property to an extent of 0.14.00 hectare and in total 5.02.00 hectare is belonging to the said temple and in which S.F.No.575 there is illegal quarrying operation done an extent of 40000 sqfeet and depth of 50ft without any licence or permission either from the HR & CE department or from the concerned department. In the said illegal quarrying operation around 1600000 cubic feet granite stones were looted by the unsocial elements by way of said illegal quarry and however as of now they are reluctant in taking appropriate legal action in safeguarding of the said temple properties.

10. In respect of safeguarding the 21st respondent temple properties are concerned; I have sent my representation on 05.05.2021 and in this regard the 12th respondent had issued communication to 16th respondent and wherein he has insisted to take appropriate action on my representation as soon as possible and however after lapse of more than 7 months the properties of 21st respondent is not safeguarded.

11. So far as to safeguarding the 22nd respondent temple properties, which is situated in the Krishnagiri district, I made my representation on 29.11.2021 and in which I have specifically pointed out the property derived to the temple through gift settlement registered deed dated 14.10.1909 has to be safeguarded and my representation has to read on par with the earlier representation submitted way back in the year 2015 with regard to safeguard the temple properties in Krishnagiri district. After my -08-
above representation Deputy Inspector General of Registrations, Salem, has issued instruction through his communication dated 02.12.2021 to the concern sub registrar and wherein he has instructed to sent all the relevant records relating to the S.F.No.720/1 to an extent of 1.70 acre belonging to 22nd respondent temple to infavour of 12th respondent and Tahsildar at Krishnagiri. But as of now no steps have been taken in secure the property belonging to 22nd respondent temple.

12. To safeguard the properties belonging to 23rd respondent temple, I have visited on 20.06.2015 along with Assistant Commissioner, HR & CE, Dharmapuri, Tahsildar, Hosur, Inspector of Police, Pagalur, 24th respondent, who was worked as Inspector HR& CE, Hosur. On my visit and after the inspection I have insisted the concerned authorities to fence the said property of 23rd respondent temple and also request to put a signboard to denote the property belonging to concern temple.

13. Thereafter on my recent visit on 10.12.2021 along with Revenue and Police officials to the same property of 23rd respondent temple, my shock and dismay I was noticed that two private vehicles of Tipper Lorries bearing registration Nos. KA 51 AG 0228 and KA 59 1360 respectively have illegally trespassed in to the said temple property and thereby caused damaged to the agricultural land of 23rd respondent temple and immediately I alert the Inspector of HR & CE, Hosur, namely Mr.Prabhu and in turn he informed to me that he is on leave and also in a lethargic manner informed to me that he is not a watchman to the Department.
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14. In view of the lethargic reply from the Inspector of HR & CE, Hosur, with view to safeguard the said temple properties, I have further alerted the 16th respondent over phone and thereby, I came to know that the Inspector of HR & CE, Thenkanikottai had lodged criminal complaint as against the said illegal trespasser and there was CSR No.150/2021 dated 10.12.2021 was issued in this regard. The said private vehicles had been handed over to the concerned police and it was under the custody of said police and no action has been initiated for the reason best known to them.

15. After the above said incident on 11.12.2021, I have sent a sum of Rs.10,000/- in 23rd respondent bank account No.500101011042018 and the same was informed to the 23rd respondent through his mobile phone and requested to fence the said property and the same was done recently. But they have not put in any signboard by following instruction of 5th respondent circular No.ROC. No.50744/2014 M3 dated 23.10.2014, the same was communicated by my representation dated 11.12.2021 to the respondents 12,13,14 & 16.

16. I reliably came to know that in respect of all illegalities and irregularities relating to temple properties in Krishnagiri district, the 24th respondent is the root cause and back borne and extending his helping hand to the culprits and he is now working as Head Clerk in the 16th respondent office. The reason for impleading him as respondent is that he is the person to safeguard the above said temple and its properties and in view of his failure and also his attitude, resulted to danger to said temple properties. -10-
17. It is relevant to point out the 12th respondent has sent his communication in ROC.No.23461/2016/LR2 dated 23.02.2018 to Joint Commissioner of HR & CE, Salem and Assistant Commissioner of HR & CE, Dharmapuri and in which he calls for around 15 particulars in respect of steps taken to safeguard the temple properties at Krishnagiri and however so far there is no communication from the HR & CE department in this regard for the reason best known to them.

18. When the facts are being that on 26.08.2021 the 6th respondent has issued a communication in ROC.No. RA7 (1) / 31548/2021 to the 12th respondent and call for report in respect of action taken so far in secure and safeguard the temples properties and also insisted to convene meeting in my present for further action in safeguarding the temple properties at Krishnagiri District. Even though as per the instruction of 6th respondent as stated supra, there was a meeting convened by the 12th respondent, however the same is failure because of no reports received from concerned authorities past several years in this regard.

19. It is clearly disclosed that the concerned officials are failed to rendered their duty and thereby they are come within the preview of dereliction of duty which is amounts to initiate departmental and criminal action as per Tamil Nadu Subordinates Service Rules and other statute in this regard, then only the authorities are rendered their duties in accordance with law for safeguarding the temples properties and in this regard this Hon’ble Court also issued several directions then and there.
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20. In view of foregoing submissions made herein above regarding secure and safeguarding of 17th to 23rd respondents temple properties, past several years I have took several initiatives and however the material produced in the typed set of papers would reveal that there is no fruitful steps have been initiated by the concerned authorities in secure and safeguard those temple properties and resulted which, I have no other alternative, effective and efficacious remedy, except to invoke the extraordinary jurisdiction of this Honorable Court, under Article 226 of the Constitution of India.

21. I have not filed any writ petition, suit or appeal filed either before this Honorable Court or before any other court of law or authority regarding this writ petition.

22. As stated above, as per the provision of Section 6(15) of HR & CE Act and Article 51-A of Constitution of India and also as per the dictum of Hon’ble Apex Court has held in report cases of A.A. Gopalakrishnan vs Cochin Devaswom Board & Ors. I have right to initiate the present writ petition as a devotee to above said temples.

It is therefore most humbly prayed that this Hon’ble Court may be pleased to issue Writ, Order or direction specifically Writ in the nature of WRIT OF MANDAMUS, issue direction directing the respondents 5 to 16 to secure and safeguard the properties of the 17th to 23rd respondents temples by considering the petitioner representations dated 19.09.2016, 07.09.2018, 06.05.2021,

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29.11.201 and 11.12.2021 and also as per the instructions issued by the 12th respondent in ROC.No.23461/2016 LR2 dated 23.02.2018 and pass such further or other orders as this Hon’ble Court may deem fit and proper on the circumstances of the case and thus render justice.

Solemnly affirmed at Chennai Before Me on this the 20th day of December 2021 and the contents has been explained into tamil and he understood
and put his signature in my presence. Advocate, Chennai

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