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CDJ 2026 MHC 2370 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P(MD)No. 7377 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : V. Sivakumar Versus The Commissioner, Hindu Religious & Chartable Department, Chennai & Others
Appearing Advocates : For the Petitioner: R. Santhanam, Advocate. For the Respondents: R1 to R3, R6, M. Sarangan, Additional Government Pleader, R4, P. Mahendran, Advocate, R5 to R7, K. Gnanasekaran, Government Advocate (Crl.Side).
Date of Judgment : 18-03-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents 1 & 5 to take action on basis of the complaint/Report lodged by the fourth respondent by considering the representation dated, 22.12.2025.)

1. The writ petition is filed for a mandamus directing the respondents 1 and 5 to take action on the basis of the complaint/report lodged by the fourth respondent by considering the representation dated 22.12.2025.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the case of the petitioner is that, with reference to Arulmigu Sri Kamachiamman Temple, certain persons indulged in collecting money from the public for the temple, but the money was not brought to the account of the temple and it was misappropriated. The fourth respondent herself had conducted an enquiry earlier and had mentioned about the same in her complaints to the police dated 21.08.2020 and 20.04.2022. No action whatsoever has been taken. It is the allegation of the petitioner that subsequently, the fourth respondent is also not pressing the allegations, siding with the said persons.

3. The learned Additional Government Pleader appearing on behalf of the HR and CE Department/respondents 1 to 3 and 6 would submit that if the allegations are made, due enquiry will be conducted in accordance with law.

4. The learned counsel appearing on behalf of the fourth respondent would submit that the fourth respondent had already taken steps with reference to the said Kamachiamman Temple by forwarding a complaint to the jurisdictional police and the fourth respondent has not withdrawn one complaint. However, the fourth respondent has not pressed a complaint with reference to the temple festival and not with reference to the misappropriation of the funds.

5. The learned Government Advocate (Crl.Side), taking notice on behalf of the respondents 5 to 7, would submit that during the enquiry, the parties appeared and the complaint was not pressed and as such, no further case was registered.

6. It is also submitted that the petitioner is also raising unconnected issues with reference to the other temples, which are not connected to the Kamachiamman temple. The said temples are Arulmigu Ayyanar Temple as well as Piraiyadi Karuppusamy. Though the said temples are situated in the same village, they are not attached to the Kamachiamman temple and they are also not within the management and control of the HR & CE Department.

7. I have considered the rival submissions made on either side and perused the material records of the case.

8. If the petitioner is making allegations with reference to the Arulmigu Ayyanar temple and the Arulmigu Piraiyadi Karuppusamy Temple, it will be open for the petitioner to make a separate representation to the third respondent in that regard. The said representation shall be taken up for enquiry by the third respondent by issuing due notice to the petitioner as well as any other private persons against the allegations made and due orders in accordance with law shall be passed and if any further action should be taken by the Department, the action shall be taken.

9. With reference to Arulmigu Sri Kamachiamman Temple, it is now stated by the fourth respondent that the complaint with reference to the misappropriation of funds by third parties is not withdrawn. As far as the misappropriation is concerned, it is represented by the seventh respondent that no case has yet been registered.

10. At this stage, the submission made by the learned counsel for the petitioner that they are not preventing the daily pooja of the Arulmigu Sri Kamachiamman Temple is recorded.

11. This writ petition is disposed of at the admission stage and since the alleged third parties, against whom the allegations are made, are not parties to the writ petition, this court is not expressing any final opinion with reference to the merits of the allegations made.

12. In view thereof, this Writ Petition is disposed of on the following terms:

               (a) The seventh respondent, namely, the Inspector of Police, shall take up the complaint lodged on behalf of the fourth respondent, dated 21.08.2020, for enquiry;

               (b)The seventh respondent shall record the statement of the fourth respondent and after the conduct of a preliminary enquiry, if any case of misappropriation of funds is made out, the seventh respondent shall register a case and proceed with the investigation in the manner known to law as against the persons who are accused in the case;

               (c) The seventh respondent shall also examine the petitioner during the preliminary enquiry and record his statement;

               (d)With reference to the said allegations relating to misappropriation of funds also, independently, the third respondent shall conduct an enquiry by issuing notice to the fourth respondent, to the petitioner, and to the person said to have committed the misappropriation. After hearing the parties, the third respondent shall decide the question in accordance with law and take such effective steps as may be permissible under law;

               (e) It is for the jurisdictional police/seventh respondent as well as the Assistant Commissioner/third respondent to verify the correctness of the allegations made; and

               (f) No costs.

 
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