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Madras High CourtWP/28551/2022disposed of

N.C.Sridhar v. State Of Tamilnadu

2024-01-30Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.C.Sridhar : Petitioner versus 1.State of Tamil Nadu, rep. By its Principal Secretary, Tourism, Culture & Religious Endowments Department, Secretariat, Chennai 600009 2.The Commissioner, Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road, Chennai 600034 3.The Thakkar, Arulmighu Adikesava Perumal & Peyyazhvaar Temple, Mylapore, Chennai 4 4.R.Kannan Joint Commissioner (Administration) inquiry Officer, Hindu Religious and Charitable Endowments Chennai 600034 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records connected with the Government Order issued in G.O.Ms.No.194, Tourism, Culture, Religious Endowments Department, dated 08.08.2022 on the file of 1st respondent and quash the same as illegal, unconstitutional and arbitrary.

For the Petitioner :

Mr.Sathish Parasaran, Senior Counsel, for M/s.P.S.Sampath Kumar For Respondents :

Mr.P.S.Raman, Advocate-General, assisted by Mr.N.R.R.Arun Natarajan, Spl.G.P., H.R.&C.E.

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Sathish Parasaran, learned Senior Counsel for the petitioner and Mr.P.S.Raman, learned Advocate-General, for the respondents.

2. The petitioner is challenging the Government Order in G.O.Ms.No.194, Tourism, Culture, Religious Endowments Department, dated 08.08.2022. Under the said Government Order, the petitioner, along with four other trustees, was dismissed, pursuant to an inquiry.

3. Amongst other submissions, one of the submissions of learned Senior Counsel for the petitioner is that the other four trustees had challenged the said government order viz., G.O.Ms.No.194, removing them as trustees, by filing writ petition bearing No.25247/2022. The

learned Single Judge under order dated 20.09.2022, allowed the writ petition, thereby setting aside the impugned order to remove them as trustees.

3. The learned Advocate-General submits that as far as the petitioner is concerned, charges are grave and the findings are also serious in nature.

4. It is under the common order, the petitioner and four other trustees were removed. Learned Single Judge of this Court, under order dated 20.09.2022 in WP No.25247/2022, filed by the other four trustees, has set aside the order of removal, on the ground of nonadherence of the principles of natural justice. He directed the first respondent therein to serve a copy of the inquiry report dated 01.02.2022, to the petitioners therein, and issue notice to them, inviting them for inquiry and give them adequate and fair opportunity to submit their objections to the inquiry report or any adverse material that may be relied upon by the first respondent. The final order was directed to be passed keeping in mind the requirement of Section 53(3) of the Tamil Nadu Hindu Religious and Charitable Endowments

Act, 1959.

5. In view of that, the petitioner herein shall be served with a copy of the inquiry report and the second show-cause notice. The petitioner may reply to the said inquiry report as well as the charges levelled against him. The petitioner shall reply within a period of four weeks from the date of receipt of the inquiry report and the charges. The respondents shall thereafter consider the reply given by the petitioner and take a fresh decision. The petitioner may raise all the defences available to him, which would certainly be considered by the respondents, on its own merits.

6. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP Nos.27860, 27861 of 2022 are closed. (S.V.G., CJ.) (D.B.C., J.) 30.01.2024 Index : Yes/No : Yes/No tar

To 1.The Principal Secretary, Tourism, Culture & Religious Endowments Department, Secretariat, Chennai 600009 2.The Commissioner, Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road, Chennai 600034 3.The Thakkar, Arulmighu Adikesava Perumal & Peyyazhvaar Temple, Mylapore, Chennai 4 4.The Joint Commissioner (Administration) inquiry Officer, Hindu Religious and Charitable Endowments Chennai 600034

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 30.01.2024