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Madras High CourtWP/25639/2015disposed of

D.Balaganapathy Gurukkal, v. The Principal Secretary

2015-08-18Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25639 of 2015 D.Balaganapathy Gurukkal ..

Petitioner Vs 1.The Principal Secretary, Hindu Religious and Charitable Endowments Department, Fort St. George, Chennai - 9.

2.The Assistant Commissioner cum Executive Officer, Arulmigu Subramania Swamy Thirukovil, Maruthamalai, Coimbatore - 641 046.

..

Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the respondents herein to consider the representation of the petitioner dated 13.07.2015 for appointment.

For Petitioner ..

Mr.T.Padmanabhan For Respondents ..

Mr.P.Sanjay Gandhi, Addl. Govt. Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would claim that he is temporarily working as Archaka in Arulmigu Subramania Swamy Temple, Maruthamalai, Coimbatore - 46 and his father has also worked as Archaka in the said temple for more than 25 years and reached the age of superannuation during the year 2014. The petitioner would claim, as per custom and practice, the post of Archaka is hereditary and in this regard, he has submitted a representation to the respondents on 20.03.2015, 14.04.2015 and 13.07.2015 to appoint him as Archaka in the above said temple and since no orders have been passed, came forward to file this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

3.Learned counsel appearing for the petitioner would submit that in terms of G.O.Ms.No.255 Tamil Nadu Hindu Religious and Charitable Endowments and Information dated 28.06.2010, the petitioner is eligible to be appointed as Archaka in the services of the second respondent temple and prays for appropriate orders. 4.Heard the submissions of Mr.P.Sanjay Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 5.This Court, taking into consideration the limited scope of the prayer sought for by the petitioner, without going into the merits of the same, directs the Deputy Commissioner cum Executive Officer of Arulmigu Subramania Swamy Temple, Maruthamalai, Coimbatore to consider the representation of the petitioner dated 13.07.2015 in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi To 1.The Principal Secretary, Hindu Religious and Charitable Endowments Department, Fort St. George, Chennai - 9.

2.The Assistant Commissioner cum Executive Officer, Arulmigu Subramania Swamy Thirukovil, Maruthamalai, Coimbatore - 641 046.

3.The Deputy Commissioner cum Executive Officer, Arulmigu Subramania Swamy Thirukovil, Maruthamalai, Coimbatore - 641 046.

+1cc to Mr.T. Padmanabhan, Advocate, S.R.No.43782 +1cc to the Government Pleader, S.R.No.43599 VSN(CO) EU(03/09/2015) W.P.No.25639 of 2015 https://hcservices.ecourts.gov.in/hcservices/