N.Ashok Bharathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Ashok Bharathi ... Petitioner -vs1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthammar Gandhi Salai Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Mylapore, Chennai District.

3. The Executive Officer /Thakkar Arulmigu Thandshwar Temple Arulmigu Athipurishwar Temple Pallikaranai-Velachery Chennai - 600 042.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent to reinstate the Petitioner to appoint as Archakkar in Arulmigu Thandashwar Temple and Arulmigu Athipurishwar Temple, Pallikaranai-Velachery, Chennai - 600 042 by considering Petitioner representation dated 20.10.2022 within a time frame fixed by this Court.

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For Petitioner : Mr. A.Saravanan For Respondents : Mr. K.Karthikeyan Government Advocate

O R D E R

Heard Mr. A.Saravanan, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who was working as Archakkar in Arulmigu Thandashwar Temple and Arulmigu Athipurishwar Temple, (hereinafter referred to as 'the Temple' for short) Pallikaranai, Velachery, Chennai - 600042, has filed this Writ Petition for directing the Third Respondent to consider his representation to reinstate him in service. 3.

Learned Government Advocate appearing for the Respondents has filed a memo dated 30.11.2022 stating that the Petitioner was appointed as an Archakar on temporary basis in the said Temple and there were serious complaints against the Petitioner received from the Third Respondent and a 2/5

resolution was passed to suspend him from service and one Mr. Vasudevan was appointed as temporary Archakar in the Temple in furtherance to the order passed on 14.09.2022 by this Court in the Writ Petition in W.P. No. 24789 of 2022 filed by one Mr. G.T.Murugesan seeking direction to the First and Second Respondents and in view of the disciplinary action proposed to be initiated against the Petitioner, the question of directing the Third Respondent to reinstate him in service does not arise for consideration at this stage. 4.

As such, there is nothing which remains for consideration in the Writ Petition, but it would not preclude the Petitioner to work out his remedies before the proper forum in the manner recognized by law depending upon the outcome of the said disciplinary action proposed to be initiated against him. 5.

In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

01.12.2022 Maya Index: Yes/No Note: Issue order copy by 05.01.2023.

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To

1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthammar Gandhi Salai Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Mylapore, Chennai District.

3. The Executive Officer /Thakkar Arulmigu Thandshwar Temple Arulmigu Athipurishwar Temple Pallikaranai-Velachery Chennai - 600 042.

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P.D. AUDIKESAVALU, J.

Maya 01.12.2022 5/5