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Madras High CourtWP/17726/2018dismissed

P.Palanisamy, v. The Commissioner,

2025-11-11Honourable Mr.Justice K. Surender5 pages

DATED: 11-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER and WMP.No.21003 of 2018 P.Palanisamy Petitioner(s) Vs

1. The Commissioner, Hindu Religious and Charitable Endowments, 199, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint commissioner, HR and CE, Commercial Tax Building, Ground Floor, Dr.Balasundaram Road, Coimbatore-641 018.

3.The Assistant Commissioner/ Executive Officer, Arulmigu Patteswaraswamy Thirukovil, Perur, Coimbatore.

Respondent(s) PRAYER: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records of the 3rd respondent by proceedings in Na.Ka. No.118/2009 dated 19.06.2018 and quash the same. For Petitioner(s):

M/s.P.Saravana Sowmiyan For Respondent(s):

M/s.Ravichandran AGP for R1 And R2 Mr.R.Bharanidharan for R3

ORDER

This Writ Petition is filed by the petitioner to quash the impunged proceedings of the third respondent in Na.Ka.No.118/2009 dated 19.09.2018

2. The brief facts of the case are that the petitioner joined the third respondent temple as a Record Clerk in the year 2015 and the said appointment was made based on the recommendation letter produced by the third respondent addressed to the second respondent. After the petitioner worked for three years, it was found that the document produced by the petitioner at the time of joining was a forged document. The said forgery was done with the help of another employee and the said employee was dismissed from service. The petitioner was issued the impugned proceedings dated 19.06.2018.

3. In the said proceedings dated 19.06.2018, it was stated that the petitioner joined service based on bogus documents. As seen from the translated documents, the petitioner was terminated from service and asked to refund the amount of Rs.3,71,724/-, which was paid during the three years period when he worked as Record Clerk.

4. The learned counsel for the petitioner submits that the impugned proceedings dated 19.06.2018 were issued to the petitioner terminating his service without giving prior notice and prays for setting aside the impugned proceedings by directing the respondents to issue show cause notice and proceed further.

5. Having gone through the impugned proceedings, it is clear that there is a demand for Rs.3,71,724/- and the petitioner was asked to refund the same. The petitioner ought to have given a reply to the proceedings dated 19.06.2018.

6. Since the petitioner worked in the third respondent temple based on fabricated documents, no orders need to be passed in the present Writ Petition. It is open to both the petitioner and the respondent to approach the appropriate forum seeking remedy of recovery or reinstatement.

7. With the above direction, this Writ Petition is closed. No costs.

Consequently, connected miscellaneous petition is closed. K.SURENDER, J.

11-11-2025 Jai Index:Yes/No Speaking/Non-speaking order To 1.The Commissioner, Hindu Religious and Charitable Endowments, 199, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint commissioner, HR and CE, Commercial Tax Building, Ground Floor, Dr.Balasundaram Road, Coimbatore-641 018.

3.The Assistant Commissioner/ Executive Officer, Arulmigu Patteswaraswamy Thirukovil, Perur, Coimbatore.

K.SURENDER, J.

jai 11-11-2025