V.Gangadara Desigar v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.12806 of 2020 V.Gangadara Desigar

...Petitioner

Vs

1. The Secretary to the Government Tamil Nadu Tourism Culture and Religious Endowments Department Secretariat Fort.St.George chennai-9

2. The Commissioner Hindu Religious and Charitable Endowment Department 119 Uthamar Gandhi Road Chennai-34

3. The Executive Officer Arulmigu Mandirapureeswarar Thirukovil Kovilur Muthepettai Thiruthuraipoondi Taluk Tiruvarur District- 614704

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus directing the 3rd Respondent to forward the Petitioner's application by making suitable enquiry and to forward the Petitioners application to the 2nd Respondent namely the Commissioner Hindu Religious and Charitable Endowment Department Chennai for the grant of pension under the scheme of pension granted to the village Archagars and to pay him the arrears of pension for the period from which the Petitioner attained the age of 60 yrs viz 1.8.2009 till the date of realization. For Petitioner :Mr.V.Selvaraj For Respondents:Mr.R.Venkatesh, Government Advocate for R1 & R2 Mr.Bharanidharan for R3

O R D E R

The petitioner has sought a mandamus directing the respondent to forward his application dated 26.03.2020 to the Commissioner HR&CE for the grant of pension under the scheme of pension to Village Archakars as well as for arrears of pension.

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2. When the matter came up on 05.10.2020, it was noted that the application has, in fact, been rejected vide order dated 08.07.2020 and the petitioner has himself placed the order as part of compilation of documents. At that juncture learned counsel for the petitioner sought a short accommodation and the matter was directed to be listed today.

3. In the light of the fact that the application stands rejected, the mandamus sought for cannot be issued and the writ petition is dismissed. The petitioner is at liberty to challenge the order dated 08.07.2020 in accordance with law. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to the Government Tamil Nadu Tourism Culture and Religious Endowments Department Secretariat Fort.St.George chennai-9

2. The Commissioner Hindu Religious and Charitable Endowment Department 119 Uthamar Gandhi Road Chennai-34

3. The Executive Officer Arulmigu Mandirapureeswarar Thirukovil Kovilur Muthepettai Thiruthuraipoondi Taluk Tiruvarur District- 614704 +1cc to M/s.P.Paramasivdoss, Advocate in Sr.34482 W.P. No.12806 of 2020 AD(CO) RV(09/11/2020) https://hcservices.ecourts.gov.in/hcservices/