Malayandi v. The Asst Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) Nos. 4640 and 4641 of 2021 Malayandi ... Petitioner Vs.
1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli.
2.The Inspector, Hindu Religious and Charitable Endowment Department, Manapparai-2, cum Takkar of Arulmighu Velamalai Kannimar Thirukovil, Manapparai, Karadipatti, Velakurichi Village, Tiruchirappalli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorari, to call for the records of proceedings of the first respondent in Se.Mu.Na.Ka.No.4118/2019/A5, dated 17.07.2019 appointing a Thakkar for Arulmighu Velamalai Kannimar Thirukovil quash the same as illegal, arbitrary and without jurisdiction.
For Petitioner : Mr. H.Lakshmi Shankar 1/6
For Respondents : Mr. P.Subbaraj Special Government Pleader
ORDER
Heard Mr. H.Lakshmi Shankar, learned Counsel for the Petitioner and Mr. P.Subbaraj, Learned Special Government Pleader for the Respondents and perused the materials placed on record apart from the pleadings of the parties.
2.
The Writ Petition challenges the Order in Se. Mu. Na. Ka. No. 4118/ 2019/A5 dated 17.07.2019 passed by the First Respondent appointing Fit Person for the Temple of the Second Respondent. 3.
The pivotal attack on the impugned order by the Petitioner, who claims to be a Herditary Trustee of the Temple of the Second Respondent, is that before the passing of the impugned order, neither any notice nor any opportunity of personal hearing has been afforded by the First Respondent. 2/6
4.
It is trite law that any administrative action which involves civil consequences must be made consistently with the rules of natural justice, meaning thereby that the person concerned must be informed of the case with supporting evidence against him and he must be given a fair opportunity to meet the case before an adverse decision is taken as held by the Hon'ble Supreme Court of India in State of Orissa -vs- Binapani Dei (AIR 1967 SC 1269). There is nothing to show either in the impugned order that before passing the impugned order appointing Fit Person for the Temple of the Second Respondent, any show cause notice has been issued to the to the Petitioner and the other persons concerned calling for explanation from them with supporting materials in that regard.
Such incurable flaw in decision making by the First Respondent is in violation of the principles of natural justice and would vitiate the entire proceedings. In that view of the mater, the impugned Order in Se. Mu. Na. Ka. No. 4118/2019/A5 dated 17.07.2019 passed by the First Respondent is set aside leaving it open to the concerned authorities to appropriately deal with the matter following due process.
cause notice to the Petitioner and other persons concerned with supporting materials and after affording full opportunity of personal hearing to them and considering each of the objections raised, a reasoned order shall be passed on merits and in accordance with law for the prescribed procedure in consonance with the principles of natural justice and the decision taken shall be communicated to the concerned persons under written acknowledgment. In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petitions are closed. No costs. 04.01.2023 ta Index : Yes/No Note: Issue order copy by 30.01.2023.
4/6
To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli.
2.The Inspector, Hindu Religious and Charitable Endowment Department, Manapparai-2, cum Takkar of Arulmighu Velamalai Kannimar Thirukovil, Manapparai, Karadipatti, Velakurichi Village, Tiruchirappalli District.
5/6
P.D.AUDIKESAVALU,J.
ta 04.01.2023 6/6