N.Easwaran v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN N.Easwaran Son of Narasimma Naidu Poojari of Sri Periya Mariamman Temple Errakollanur Village Pennagaram Taluk, Dharmapuri District.

... Petitioner Vs.

1.The Joint Commissioner HR & CE, Fort Mariamman Temple Salem 636 001.

2.The Assistant Commissioner HR & CE, Dharmapuri 636 705 3.The Executive Officer Sri Periya Mariamman Temple Errakollanur Village Pennagaram Taluk Dharmapuri District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to consider the Petitioner's 1/5

representation dated 19.12.2022 made for re-joining in duty as Poojari of Sri Mariamman Temple, Errakollanur Village, Pennagaram Taluk, Dharmapuri District.

For Petitioner : Mr.J.Bharathi Raja For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking direction to the 2nd Respondent to consider the Petitioner's representation dated 19.12.2022 made for re-joining in duty as Poojari of Sri Mariamman Temple, Errakollanur Village, Pennagaram Taluk, Dharmapuri District.

2.Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, takes notice for Respondents.

3.Heard the learned counsel for the Petitioner and the learned Special Government Pleader for Respondents.

4.It is seen that in view of the FIR filed against the Petitioner, he was 2/5

absconded to evade the arrest and subsequently obtained anticipatory bail and at that time the temple was without Poosari. Since the temple was without any Poosari, the 3rd respondent appointed one Govindhasamy as Poosari and hence, the very same Petitioner herein filed WP.No.30217 of 2022 before this Court. The same was dismissed on 15.11.2022 as withdrawn with liberty to the Petitioner to make representation to the authority, concerned to re-join duty. Now the said representation is pending before the 2nd Respondent. 5.The Government Pleader submitted that in the earlier Writ Petition, newly appointed person Govindhasamy was arrayed R4, for the reasons best known, the Petitioner has not added the said Govindhasamy as respondent in this Writ Petition.

Since already Govindhasamy was appointed and he was continuing the daily poojai, the Petitioner now seeks the relief of re-joining, the 2nd Respondent is hereby directed to go through and pass orders on the representation of the Petitioner dated 19.12.2022, after hearing the Petitioner as well as Govindhasamy and also connected records, about the period of absence of the Petitioner and period of work done by the said Govindhasamy, within a period of six weeks from the date of receipt of a copy of this order.

6.In fine, this Writ Petition is allowed to the extent indicated above. No costs.

16.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To 1.The Joint Commissioner HR & CE, Fort Mariamman Temple Salem 636 001.

2.The Assistant Commissioner HR & CE, Dharmapuri 636 705 3.The Executive Officer Sri Periya Mariamman Temple Errakollanur Village Pennagaram Taluk Dharmapuri District.

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RMT.TEEKAA RAMAN.J, sai Dated: 16.03.2023 5/5