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2025 DAILYLAW 31027 (MAD)

A.Radhakrishnan v. K.Manivasan, IAS., and 23 others

CONT P/939/2024 · 2025-04-25

S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Contempt Petition No.939 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.04.2025 CORAM : THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.939 of 2024 A. Radhakrishnan ... Petitioner Vs 1. Thiru K. Manivasan, IAS., Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai 600 009. 2. Thiru P. V. Rajaraman, IAS., Secretary to Government, Revenue Department, Secretariat, Chennai 600 009. 3. Thiru V. Arun Roy, IAS., Secretary to Government, Industrial Department, Secretariat, Chennai - 600 009. 4. Ms. P. Amudha, IAS, Secretary to Government, Home Department, Secretariat, Chennai 600 009. Page 1 of 8 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 5. Thiru K.V.Muralidharan, IAS, Commissioner, Hindu Religious & Charitable Endowments, 119, Nungambakkam High Road, Chennai 600 034. 6 Thiru SK.Prabhkar I.A.S., Commissioner Of Revenue Administration Chepauk, chennai - 600 005. 7 Thiru K.S.palanisamy, I.A.S., Commissioner Of Land Administration chepauk chennai 600 005. 8 Thiru P. Madhusudhan Reddy I.A.S., Commissioner Of Survey And Settlements chepauk, chennai 600 005. 9 Thiru Pooja Kulkarni I.A.S., Director Geology And Mining, Guindy , Chennai 600 032. 10 Thiru Sankar Jiwal, IPS, Director General Of Police And Head Of The Police Force, Dr. Radhakrishnan Salai Chennai 600 004. 11 Thiru K.Raja Inspection Cell Officer, 1st Floor Collectorate, Salem - 636 001. 12 Thiru K.M.Sarayu I.A.S., District Executive Magistrate Cum Collector Krishnagiri. Page 2 of 8 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 13 Ms. E.S.Uma IPS., Deputy Inspector General Of Police, Salem Range, Salem - 636 007. 14 Thiru Kumaravelu Regional Deputy Director, Survey And Land Records Department, Collectorate Campus , Coimbatore. 15 Thiru R.Sudrasan Joint Commissioner, Hindu Religious And Charitable Endowments, Thiruvanamalai. 16 Ms. M.Jothilakshmi Assistant Commissioner , Hindu Religious And Charitable Endowments, Krishnagiri. 17. The District Collector, Dharmapuri District, Dharmapuri. 18. The Joint Commissioner, Hindu Religious and Chartable Endowments Departments, Salem. ... Respondents (Suo motu impleaded as 17th & 18th respondents as per the order of the Hon'ble Court made in Cont.P.No.939 of 2024, dated 26.07.2024) p. 3 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 Prayer : This Contempt Petition has been filed under Section 11 of the Contempt of Courts Act 1971 to punish the respondents for willful disobedience and violating the order of this Hon'ble Court dated 01.02.2022 made in W.P.No.27646 of 2021 on the file of this Hon'ble High Court. For Petitioner : Mr. A.Radhakrishnan Party in person For respondents : Mr. Stalin Abhimanyu,, AGP for respondents 1 to 4, 6 to 9, 11,12, 14, 17 & 18 : Mr. K. Karthikeyan, G.A. (HR &CE), for respondents 5, 15 & 16 : Mr. A.Gokula Krishnan, APP 10 & 13 ORDER The contempt petition has been instituted to punish the respondents for willful disobedience of the order of this Court dated 01.02.2022 passed in W.P.No.27646 of 2021. Page 4 of 8 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 2. The District Collector, Krishnagiri, convened meeting and initiated action to deal with the illegalities in respect of temple properties. A Status Report was filed by the District Collector and paragraph 4, 5, 6 & 7 of the Status Report reads as under :- " 4. It is submitted that the HR & CE Department has sent representations to this respondent in 92 UDR correction cases belonging to 67 villages of 153.79.35 Hect. of lands. Out of 92 UDR correction cases, orders have been passed in 27 cases wherein 58.30.50 hect.of lands in 21 villages have been transferred in the name of the concerned temples and steps have been taken to safeguard the interest of temple lands. 5. IT is further submitted that Assistant Commissioner(HR &CE) has sent reports on 119 cases for an extent of 3.19 acres to the office of the Joint Commissioner, HR & Ce Thiruvanamalai in order to regularise the encroachments under Section 78 of HR & CE Act. Further, the Special Tahsildar team detected 263 cases of building encroachment for an extent of 110.86 acre and 83 cases for extent 125.65 acres of land encroachment in temple lands. The said matter is pending with the Joint Commissioner, HR & CE, Thiruvannamalai. 6. It is submitted that in the illicit quarry in S.F.No.575 extent 1.68.00 Hect. of Nagamangalam Village of Denkanikottai had been p. 5 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 identified during 2022 by M/s. God Granites Pvt Ltd and levied fine of Rs.49,38,68,370/-. The encroacher has preferred an appeal to the Commissioner of mining, Chennai and the Commissioner in this proceeding ROC.6061/MM4/2022 dated 30.05.2023 has reduced the fine amount to Rs.2,52,47,291/-. But the said encroacher has filed writ petition in W.P.No.27735/2023 in this Hon'ble Court and the said petition is pending till date. 7. It is submitted that in the instant ground case the order of this Hon'ble Court dated 01.02.2022 has been duly obeyed and implemented. Hence the question of contempt does not arise. " 3. In view of the fact that action has already been initiated and in progress, the petitioner is at liberty to provide all the documents in his possession to continue the enforcement action. The authorities are directed to follow the procedures , evict the encroachers from the temple properties and utilise the properties for the benefit of the temple under the provisions of the Hindu Religious and Charitable Endowment Act. Regarding illegal quarrying operations,, the actions are to be initiated by the Geology and Mines Department, in the event of failure, they are responsible and accountable. Page 6 of 8 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 4. With these observations, this Contempt Petition stands closed. Further, if the respondent fails to continue the action, the petitioner is at liberty to file a fresh contempt petition. 25.04.2025 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No mrp p. 7 https://www.mhc.tn.gov.in/judis Contempt Petition No.939 of 2024 S.M.SUBRAMANIAM, J. mrp Contempt Petition No.939 of 2024 25.04.2025 p. 8 https://www.mhc.tn.gov.in/judis