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Madras High CourtWP/8479/2004dismissed

Sivashanmugha Poojya Naicker, v. The Joint Commissioner,

2017-07-13Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.8479 of 2004 and M.P.No.9966 of 2004 Sivashanmugha Poojya Naicker, Hereditary Trustee, Arulmigu Oonaikattu Ayyanar, Thirukoil, Oonayur, Marungapuri,Manapparai Taluk, Trichy District ... Petitioner Vs.

1) The Joint Commissioner, H.R. & C.E (Administration) Department, Trichy District.

2) The Executive Officer, Nallandavar Thirukkoil, Manapparai, Trichy District ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the order dated 11.12.2003 and the notice dated Nil of the second respondent herein and quash the same.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Maharaja, Special Government Prosecutor for H.R & C.E., Mr.S.Balasubramaniam for R2

ORDER

The petitioner has come forward with this writ petition challenging the notice and communication dated 11.12.2003, asking the petitioner to hand over the charges of the Temple. An interim order was passed during 31.03.2004 and the same was not extended and there is no perversity in the demand made by the https://hcservices.ecourts.gov.in/hcservices/

respondents in asking the petitioner to hand over the charges of the Temple. Apart from that, a detailed enquiry has been conducted against the petitioner for serious charges and that he has been directed to be removed from the post which he was holding. That being the case, I find that there is no merit to grant the relief sought for by the petitioner and the writ petition is dismissed. Consequently, connected M.P.9966 of 2004 is closed. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sts To:

1) The Joint Commissioner, H.R. & C.E (Administration) Department, Trichy District.

2) The Executive Officer, Nallandavar Thirukkoil, Manapparai, Trichy District.

+1cc to the Government Pleader, S.R.No.49122 W.P.No.8479 of 2004 MG(CO) CA(29/08/2017) https://hcservices.ecourts.gov.in/hcservices/