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Madras High CourtWP/20623/2023disposed of

S.P.S.Nathan @ Amurdeswaranathan v. The Chief Secretary

2023-07-12Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12..07..2023 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.20623 of 2023 S.P.S.Nathan @ Amurdeswaranathan President, Parambarai Sthanigar Sangam, No.4, Vellalar Street, Karaikkal Taluk, Puducherry State.

..... Petitioner -Versus1.The Chief Secretary, Government of Puducherry, Puducherry State.

2.The Secretary, Hindu Religious Institution and Wakf Department, Government of Puducherry, Puducherry.

3.The District Collector and Special Officer, Sri Dharbaranyeswaraswamy Devasthanam, Sri Saneeshwara Bhavan Temple, Tirunallar 609607, Puducherry State.

4.The Commissioner, Hindu Religious Institution and Wakf Department, Government of Puducherry, Puducherry.

5.The Executive Officer, Sri Dharbaranyeswaraswamy Devasthanam, Sri Saneeshwara Bhagavan Temple, Tirunallar 609 607, Puducherry State.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on the representation made by the petitioner dated 10.04.2022 as per the proceedings / order dated 07.08.2019 of the 2nd respondent made to cancel the irregular appointments made in the 5th respondent temple within a time frame as may be fixed by this court.

For Petitioner : Mr.R.Kamaraj For Respondents : Mr.R.Sreedhar, Addl. Government Pleader (Puducherry) for RR1 to 5

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus directing the respondents to consider the representation of the petitioner dated 10.04.2022 in the light of the proceedings / order of the 2nd respondent dated 07.08.2019 and pass appropriate orders thereof.

2. The petitioner contended that under Order dated 07.08.2019 in NO.486/CGRU/T.2/(Vol.IV)/2019/548 issued by the Government of Puducherry, the practice of appointments to legal heirs of the retired employees of the Devasthanam stood abolished and the previous appointments made in

that category were directed to be reviewed by taking appropriate action on irregular appointments. Despite such a total ban, the 5th respondent has appointed some persons contrary to the said Government Order. In such circumstances, he gave a representation on 10.04.2022 to take action on the basis of the Government Order referred to above. The grievance of the petitioner is that his representation has not yet been considered by the respondents.

3. Heard both sides.

4. Mr.R.Sreedhar, learned Additional Government Pleader, who took notice for the respondents, submitted that the representation of the petitioner would be considered by the 5th respondent in the light of the Government Order as expeditiously as possible.

5. A perusal of the Government Order referred to above, as rightly pointed out by the learned counsel for the petitioner, would go on to show that the practice of appointments to legal heirs of the retired employees of the Devasthanam stood abolished and that the previous appointments made in that category were also directed to be reviewed by taking appropriate action on irregular appointments. In such view of the matter, the 5th respondent shall inquire into the allegations set out in the representation of the petitioner dated

10.04.2022 and take appropriate action, if any such irregular appointments have been made by the Devasthanam contrary to the Government Order dated 07.08.2019. The above said exercise shall be completed within a period of two months from the date of receipt of a copy of this order. In the result, the writ petition is disposed of with the above directions. No costs.

12..07..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Chief Secretary, Government of Puducherry, Puducherry State.

2.The Secretary, Hindu Religious Institution and Wakf Department, Government of Puducherry, Puducherry.

3.The District Collector and Special Officer,Sri Dharbaranyeswaraswamy Devasthanam, Sri Saneeshwara Bhavan Temple, Tirunallar 609607, Puducherry State.

4.The Commissioner, Hindu Religious Institution and Wakf Department, Government of Puducherry, Puducherry.

5.The Executive Officer, Sri Dharbaranyeswaraswamy Devasthanam, Sri Saneeshwara Bhagavan Temple, Tirunallar 609 607, Puducherry State.

N.SATHISH KUMAR.J., kmk 12..07..2023