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Madras High CourtWP/32835/2019disposed of

Sivashri S.Kulandhaivel Sivam v. The Joint Commissioner,

2019-11-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.32835 of 2019 Sivashri S.KulandhaivelSivam ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Thiruppur.

3.The Fit Person, A/m Vaaleswarar Temple, Avinashi Taluk, Tiruppur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider petitioner representation dated 01.10.2019 and thereby forbearing the respondents herein from appointing any other archagas to the Temple in the meantime of passing suitable orders based on petitioner representation date 01.10.2019.

For Petitioner : Mr.V.P.K.Gowtham For Respondents : Mr.M.Maharaja Special Government Pleader for HR & CE

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 01.10.2019 and thereby forbearing the respondents from appointing any other Archagas to the Temple in the meantime of passing suitable orders based on the petitioner's representation dated 01.10.2019. 2.Heard the arguments advanced on either side. By consent the writ petition is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

3.The case of the petitioner is that the petitioner was appointed as Archaga of A/m Vaaleswarar Temple, Avinashi by the third respondent on 12.02.2018. The petitioner's services were orally terminated on 25.11.2018 and thereafter, he was not allowed to perform the duty. Thereafter, the petitioner approached the third respondent for re-appointing him as Archaga of the Temple and since it evoked no response, he made representation dated 01.10.2019 to the respondents, however, the same has not yet been considered. Hence, this writ petition. 4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representation dated 01.10.2019, within a stipulated time frame.

5.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the second respondent to consider the petitioner's representation dated 01.10.2019, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Thiruppur.

+1 cc to Government Pleader Sr.No. 99067 +1cc to Mr.V.P.K.Gowtham , Advocate SR.No. 97382(06/01/2020) W.P.No.32835 of 2019 A.SK(26/12/2019) https://hcservices.ecourts.gov.in/hcservices/