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Madras High CourtWP/3923/2022dismissed

A.Duraisamy v. The Chief Secretary

2022-03-01Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.3923 of 2022 and W.M.P.No.4589 of 2022 A.Duraisamy ... Petitioner vs.

1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Secretary, Hindu Religious & Charitable Endowments Department, Govt. of Tamil Nadu, St.George Fort, Chennai - 600 009.

3.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

4.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Dr.Balasundaram Road, Coimbatore - 641 018.

5.The Thakkar/Assistant Commissioner, Arulmigu Velliangiri Andavar Thirukovil, Poondi, Coimbatore District - 641 114.

... Respondents Prayer: Writ Petition filed under Article 226 of the

Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, directing the respondents to call for records vide Na.Ka.No.1/1430 dated 12.01.2022 passed by the 5th respondent and quash the same and permit the petitioner working as Tamil Pulavar at Arulmigu Velliangiri Andavar Thirukovil at Poondi in Coimbatore District.

For Petitioner : Mr.V.Duraipandi For Respondents : Mr.Arun Natarajan Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, directing the respondents to call for records vide Na.Ka.No.1/1430 dated 12.01.2022 passed by the 5th respondent and quash the same and permit the petitioner working as Tamil Pulavar at Arulmigu Velliangiri Andavar Thirukovil at Poondi in Coimbatore District.

2. The learned Special Government Pleader appearing for the respondents would submit that the writ petitioner having the statutory remedy to file an appeal before the Joint Commissioner, H.R &C.E, without exhausting the said remedy, has filed the present writ petition. Therefore, in view of the strict provision under Section 56(2) of the H.R & C.E Act, the petitioner is at liberty to seek his remedy before the appellate authority challenging the dismissal order passed by the concerned authority.

3. Recording the submission made by the learned Special Government Pleader, this writ petition stands dismissed with a liberty to the petitioner to seek his remedy before the appellate authority challenging the dismissal order passed by the concerned authority. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar uma

To 1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Secretary, Hindu Religious & Charitable Endowments Department, St.George Fort, Chennai - 600 009.

3.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

4.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Dr.Balasundaram Road, Coimbatore - 641 018.

5.The Thakkar/Assistant Commissioner, Arulmigu Velliangiri Andavar Thirukovil, Poondi, Coimbatore District - 641 114.

+1cc to Mr.Suresh, Advocate SR.No.13313 +1cc to the Government Pleader SR.No.13539 W.P.No.3923 of 2022 and W.M.P No.4589 of 2022 MG(CO) GN(17/03/2022)