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Madras High CourtWP/3677/2019disposed of

P.Vasu, v. The Principal Secretary To Government,

2019-02-07Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.3677 of 2019 and W.M.P.No.4041 of 2019 P.Vasu

...Petitioner

Vs.

1. The Principal Secretary to Government, Department of Tourism, Culture & Religious Endowments, Fort St.George, Chennai-600009.

2. The Commissioner, H.R. & C.E. Department, Nungambakkam High Road, Chennai-600034.

3. The Joint Commissioner, H.R. & C.E. Department Salem-1.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to dispose of the representation dated 23.01.2019 and 28.01.2019 sent by the petitioner and direct the respondents to permit the kovil poosaris serving in the temples under the control of the 2nd respondent HR & CE Department to participate and get trained in the ongoing training cum refresher program being conducted from 21.01.2019 to 09.03.2019. For Petitioner : Ms.G.Sumitra For Respondents: Mr.M.Maharaja Special Government Pleader

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to dispose of his representation dated 23.01.2019 and 28.01.2019 and directing the respondents to permit the kovil poosaris serving in the temples under the control of the 2nd respondent-HR & CE Department to participate and get trained in the ongoing training-cum-refresher program being conducted from 21.01.2019 to 09.03.2019.

3. Heard both sides.

4. It is seen that the very same petitioner earlier approached this Court and filed a writ petition in W.P.No.5561 of 2018, wherein and whereby, he sought for a direction to the respondents to permit the Kovil Poosaris serving in the temples under the control of the Commissioner, HR & CE Department to participate and get trained in the refresher program conducted from 15.02.2018 to 31.03.2018. The said writ petition was disposed of on 13.03.2018, by observing as follows:

4. Whether the petitioner is entitled to get such training or not is to be decided by the second respondent. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the second respondent to consider and decide the same. However, as the representation sent by the petitioner is still pending, it is for the second respondent to consider and decide the same. At the same time, the very training program, as admitted by the petitioner is for a period from 15.02.2018 to 31.03.2018, I do not think that any purpose will be served by directing the second respondent to consider the representation of the petitioner for the present training program. Accordingly, this writ petition is disposed of, by directing the second respondent to consider the representation of the petitioner dated 16.02.2018 and pass appropriate orders on the same on merits and in accordance with law, if any such program is scheduled in future. No costs. Consequently, connected miscellaneous petition is closed.

5. It is stated that now the subsequent training program is going on and however, the petitioner's fresh representation made on 23.01.2019 and 28.01.2019, seeking for participating in the training program has not been considered so far.

6. Considering the above stated facts and circumstances, the second respondent shall consider the above said representations of the petitioner and pass appropriate orders on

the same within a period of seven days from the date of receipt of a copy of this order, since it is stated that the training program is now going on and scheduled to be closed by 09.03.2019. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sni/mk To

1. The Principal Secretary to Government, Department of Tourism, Culture & Religious Endowments, Fort St.George, Chennai-600009.

2. The Commissioner, H.R. & C.E. Department, Nungambakkam High Road, Chennai-600034.

3. The Joint Commissioner, H.R. & C.E. Department, Salem-1.

+1cc to Ms.G.Sumitra, Advocate sr.no.10540 W.P.No.3677 of 2019 nr 08/02/2019