Madras High Court
V.Subramaniam vs The Principal Secretary To Government on 4 June, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.17902 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.17902 of 2025
V.Subramaniam
S/o.Venkadu Poosari
Petitioner
Vs
1. The Principal Secretary to Government,
Tourism, Culture And Religious Endowments Department,
9th Floor, Fort St. George, Secretariat, Chennai 9.
2.The Commissioner,
Hindu Religious And Charitable Endowments Department,
119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34.
3.The Joint Commissioner,
Hindu Religious And Charitable Endowments Department,
Chinnamuthu 2nd Street, Near Trust Hospital,
Erode 638 011.
4.The Assistant Commissioner,
Hindu Religious And Charitable Endowments Department,
Ex.Servicemen Buildings, II Floor, Erode 638 001.
5.The Fit Person
Arulmigu Ezhudihya Marathaiyan Thirukoil,
situated at Alampalayam Village, Andiyur Taluk,
Erode District.
6.The Deputy Superintendent of Police,
Anthiyur, Erode.
Respondents
1/6
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Writ Petition No.17902 of 2025
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the third
respondent to act upon the representation dated 17.02.2025 on merits,
take over the physical administration of Arulmigu Ezhudihya
Marathaiyan Thirukoil, situated at Alamapalayam Village, Andiyur
Taluk, Erode District and consequently, direct the third Respondent to
contemplate disciplinary proceedings as against the then erring
respondents 4 and 5 for misleading this Court while passing order dated
09.10.2018 in WP No 22901/ 2017.
For Petitioner : Mr.S.Madhana Chandran
For Respondents : Mr.N.R.R.Arun Natarajan
Special Government Pleader [R1 to R5]
Mr.Leonard Arul Joseph Selvam
Government Advocate [Crl.side] [R6]
*****
ORDER
The Deputy Superintendent of Police, Anthiyur, Erode, is suo
motu impleaded as the sixth respondent in this writ petition.
2. This writ petition has been filed seeking issuance of a writ of
mandamus directing the third respondent to act upon the representation
made by the petitioner on 17.02.2025 wherein the petitioner has sought
for initiating disciplinary proceedings against the respondents 4 and 5 for
not taking any action to take over the temple under their administration
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Writ Petition No.17902 of 2025
by appointing a fit person.
3. When the matter was taken up for hearing today, learned
Special Government Pleader appearing on behalf of the HR & CE
Department submitted that the appointment of a fit person became a
subject matter of challenge in a suit in O.S.No.173 of 2017 on the file of
Subordinate Court, Bhavani. This suit ultimately came to be dismissed by
judgment dated 16.08.2022. Thereafter, when steps were taken to take
over the management of the temple, law and order problem was created
and officials were prevented. Learned Special Government Pleader
submitted that all steps will be taken to take over the administration of
the temple with police help.
4. In the light of the above submission, this Court suo motu
impleaded the Deputy Superintendent of Police, Anthiyur, Erode, as the
sixth respondent and Mr.Leonard Arul Joseph Selvam, learned
Government Advocate [Crl.side], took notice on behalf of the impleaded
sixth respondent.
5. Taking into consideration the facts and circumstances of the
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Writ Petition No.17902 of 2025
case and the materials placed before this Court, there shall be a direction
to the third respondent to take effective steps to take control of the
temple by appointing a fit person and if any law and order problem is
created, the impleaded sixth respondent shall provide police protection
and take action against those persons, who are creating law and order
problem.
This writ petition is disposed of with the above direction. No
costs.
04.06.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
Note: Registry is directed to carry out necessary amendment in all
the concerned records.
To
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Writ Petition No.17902 of 2025
1. The Principal Secretary to Government,
Tourism, Culture And Religious Endowments Department, 9th Floor,
Fort St. George, Secretariat, Chennai 9.
2.The Commissioner,
Hindu Religious And Charitable Endowments Department, 119,
Uthamar Gandhi Salai, Nungambakkam, Chennai 34.
3.The Joint Commissioner,
Hindu Religious And Charitable Endowments Department,
Chinnamuthu 2nd Street, Near Trust Hospital,
Erode 638 011.
4.The Assistant Commissioner,
Hindu Religious And Charitable Endowments Department,
Ex.Servicemen Buildings, II Floor, Erode 638 001.
5.The Fit Person
Arulmigu Ezhudihya Marathaiyan Thirukoil,
situated at Alampalayam Village, Andiyur Taluk,
Erode District.
6.The Deputy Superintendent of Police,
Anthiyur, Erode.
N.ANAND VENKATESH, J
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Writ Petition No.17902 of 2025
gm
Writ Petition No.17902 of 2025
04.06.2025
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