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Madras High CourtWP/1945/2015disposed of

Bharath Kumar, v. The Joint Commissioner,

2015-01-29Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.01.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.1945 of 2015 and M.P.No.1 of 2015 Bharath Kumar .. Petitioner versus 1.

The Joint Commissioner HR & CE Administration Department Vellore.

2.

K.V.Chalapathy ..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to hear the objection of the petitioner based on the I.A.(unnumbered) petition dated 19.06.2014 before concluding the enquiry in Na.Ka.No.10446 of 2014.

For Petitioner : Mr.S.C.Vishwanath For Respondents : Mr.M.L.Mahendran Government Advocate for R1

ORDER

Heard Mr.S.C.Vishwanath, learned counsel for the petitioner and Mr.M.L.Mahendran, learned Government Advocate appearing for the first respondent.

2. The petitioner seeks for a direction upon the first respondent to hear the objection of the petitioner based on the I.A. (unnumbered) petition dated 19.06.2014 before concluding the enquiry in Na.Ka.No.10446 of 2014.

3. According to the petitioner, the second respondent herein filed an application before the first respondent to recommend him as a trustee of the temple. The petitioner herein is a worshipper of the temple and according to him, the second respondent suffers from various disqualifications. Therefore, the petitioner seeks to https://hcservices.ecourts.gov.in/hcservices/

implead himself in the proceedings and place the facts before the authorities. In this regard, he has submitted an objection petition dated 19.06.2014 and it is yet to be numbered by the first respondent. However, the first respondent without numbering the said petition is attempting to conduct an enquiry. Hence, the present writ petition.

4. Since the writ petition is disposed of at the admission stage itself, without notice to the second respondent, the merits of the allegations made by the petitioner as against the second respondent are left open to be considered by the first respondent. If the first respondent is of the view that the petition submitted by the petitioner is not maintainable, it should pass an appropriate order on the said petition;otherwise the first respondent should entertain the petition submitted by the petitioner and after giving an opportunity of hearing both the petitioner and the second respondent, shall pass orders on merits and in accordance with law. The above direction shall be complied with by the first respondent as expeditiously as possible.

5. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2 To The Joint Commissioner HR & CE Administration Department Vellore.

1 cc to Mr.C.Vishwanath ,Advocate, SR.No.4927 1 cc to Spl Government Pleader,Sr.No4951 WP.No.1945 of 2015 ak(co) pmk.21.2.2015 https://hcservices.ecourts.gov.in/hcservices/