N.Shanmugasundaram v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2017
CORAM
The Honourable MR. JUSTICE M.DURAISWAMY W.P.Nos.16714 to 16717 of 2017 and W.M.P.Nos.18089 to 18093 of 2017 N.Shanmugasundaram [ Petitioner in W.P.No.16714/17 ] L.Dharmalingam [ Petitioner in W.P.No.16715/17 ] M.Manjula Petitioner in W.P.No.16716/17 ] S.Panchatcharam [ Petitioner in W.P.No.16717/17 ] Vs 1 The Secretary to the Government Tourism Culture and Religious Endowments Department Fort St. George, Chennai-9 2 The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam Chennai-34 3 The Joint Commissioner Hindu Religious and Charitable Endowments Department, Vellore-9 [Respondents] Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records relating to the impugned notices issued by the 3rd respondent in No.4055/2017/E1 dated 11.5.2017, in No.2386/2017/E1 dated 30.3.2017, in No.2473/2017/E1 dated 30.3.2017 and No.2387/2017/E1 dated 30.3.2017 and to quash the same For Petitioners in all Petitions : Mr.J.Lakshminarayanan For Respondents : Mr.M.Maharaja, SGP in all Petitions
COMMON ORDER Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents. By consent, the main writ petitions are taken up for disposal at the admission stage itself.
2. The petitioners have filed the above writ petitions to issue writs of certiorari to call for the records relating to the impugned notices issued by the 3rd respondent dated 11.5.2017, 30.03.2017, 30.03.2017 and 30.3.2017 respectively and to quash the same.
3. By the impugned notices, the petitioners were called upon to give their explanation and also produce relevant documents before the 3rd respondent. It is brought to the notice of this Court that proceedings were posted on 30.06.2017 and subsequently, it was adjourned to 11.07.2017 for further hearing. It is also seen that while disposing of the writ petitions in W.P.No.9035 of 2017 dated 13.04.2014 and in W.P.Nos.5092 to 5094 of 2017 dated 01.03.2017, this Court had directed the Joint Commissioner of Hindu Religious and Charitable Endowments Department to pass appropriate orders, as contemplated under law, after providing an opportunity of hearing to the petitioners. Now, in order to give an opportunity of hearing to the petitioners, the present impugned notices have been issued on 11.05.2017, 30.03.2017, 30.03.2017 and 30.03.2017 respectively, which cannot be faulted by any means whatsoever.
4. In view of the above, the writ petitions are dismissed. The petitioners are at liberty to produce all the relevant documents and their explanation before the 3rd respondent and contest the matters in accordance with law.
5. Since the matters are pending for a long time, I direct the 3rd respondent to consider the case of the petitioners and pass orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. No costs. Connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rg
To 1 The Secretary to the Government Tourism Culture and Religious Endowments Department Fort St. George, Chennai-9 2 The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam Chennai-34 3 The Joint Commissioner Hindu Religious and Charitable Endowments Department, Vellore-9 +1 cc to Mr.J.Lakshminarayanan Advocate sr 46200 +1 cc to the Government Pleader sr 46755 W.P.Nos.16714 to 16717 of 2017 ssi(co) aa14/07/2017