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Madras High CourtWP/17512/2008dismissed as abated

Mr.N. Prabhakaran v. The Commissioner

2021-07-26Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.17512 of 2008 and M.P.Nos.1 and 2 of 2008 N.Prabhakaran ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Board, Government of Tamil Nadu, Nungambakkam High Road, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Coimbatore.

3.The President, Board of Trustee, Arulmighu Amanalingeswaran Thirukoil, Udumalpet, Coimbatore District.

4.The Executive Officer, Arulmighu Amanalingeswarur Thirukoil, Thirumoorthymalai, Udumalpet, Coimbatore District.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent made in his proceedings in Appeal Petition No.A.P.No.3 of 2006 dated 31.03.2008 and quash the same and consequently direct the respondents to reinstate the petitioner with all attendant benefits and back wages from the date of his suspension viz., 25.09.1992.

For Petitioner : Mr.N.Raja Senthoor Pandian For Respondent Nos.1 and 2 : Mr.C.Selvaraj Government Advocate For Respondent Nos.3 and 4 : Mr.R.T.Doraisamy

O R D E R

The Present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records of the second respondent made in his proceedings in Appeal Petition No.A.P.No.3 of 2006 dated 31.03.2008 and quash the same and consequently direct the respondents to reinstate the petitioner with all attendant benefits and back wages from the date of his suspension viz., 25.09.1992.

2. It is noted from the record of proceedings that the petitioner died in the year 2011. Inspite of giving several opportunities, no steps were taken for substituting the legal heirs of the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner's legal heirs are in Palacode District and he is unable to contact them.

4. Considering the facts and circumstances of the case, the Writ Petition is dismissed as abated giving liberty to the legal heirs of the petitioner to approach this Court for appropriate reliefs if they are so advised. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar asi To 1.The Commissioner, Hindu Religious and Charitable Endowments Board, Government of Tamil Nadu, Nungambakkam High Road, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Coimbatore.

3.The President, Board of Trustee, Arulmighu Amanalingeswaran Thirukoil, Udumalpet, Coimbatore District.

4.The Executive Officer, Arulmighu Amanalingeswarur Thirukoil, Thirumoorthymalai, Udumalpet, Coimbatore District. +1cc to Mr.RT.Doraisamy, Advocate (SR No.35780) +1cc to Government Pleader (SR No.35730) W.P.No.17512 of 2008 and M.P.Nos.1 and 2 o 2008 KV (CO) PR (18/08/2021)