S.Senthilkumar, v. The Assistant Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.6343 and 6344 of 2019 and W.M.P.(MD)Nos.5064 and 5065 of 2019 S.Senthilkumar ... Petitioner in W.P.(MD)No.6343 of 2019 S.Murugesan ... Petitioner in W.P.(MD)No.6344 of 2019 Vs 1.The Assistant Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Board, Madurai.
2.Thakkar/Fit Person, Arulmighu Baladandyudhapani Swami Tirukoil, Kulasekarankottai, Vadipatti Taluk, Maduari District.
... Respondents in both W.Ps COMMON PRAYER:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Ceriorarified Mandamus, calling for the records relating with the order of the 2nd respondent made in Se.Mu.Na.Ka.No.1-1/2019, Se.Mu.Na.Ka.No.12/2019 respectively dated 04.03.2019 and quash the same as it is arbitrary and illegal and one without jurisdiction and in consequence to direct him to permit the petitioner to do the management and Poojas in the Arulmighu Baladandyudhapani Swami Tirukoil, Kulasekarankottai.
For Petitioner : Mr.R.Suriyanarayanan (in both W.Ps.) For Respondents : Mr.R.Sethuraman (in both W.Ps.) Special Government Pleader for R1 : Mr.R.Muthu Geethaiyan for R2 COMMON ORDER Heard the learned counsel on either side.
https://hcservices.ecourts.gov.in/hcservices/ 2.A mere look at the impugned order would indicate that it is not in appropriate format. The fit person has found the
petitioners' guilty of misconduct and charges were framed against them. But then, the procedure laid down in G.O.Ms.No.4524, Revenue, dated 05.11.1960, has not been followed. Before holding a person guilty, an enquiry must be conducted. In this case, no enquiry was conducted. On this sole ground, the order impugned in these writ petitions is quashed. The Writ Petitions stand allowed. The matters are remitted to the file of the second respondent to pass orders afresh in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) To The Assistant Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Board, Madurai.
+2 CC to M/s.M.MUTHUGEETHAYAN, Advocate ( SR-54809,54808[F] dated 18/03/2019 ) +2 CC to M/s.R.SURIYANARAYANAN, Advocate ( SR-55048,55049[F] dated 19/03/2019 ) +1 CC to M/s.SPL GP ( SR-54994,54995[F] dated 19/03/2019 ) IAS W.P.(MD)Nos.6343 and 6344 of 2019 18.03.2019 KM/(03.04.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/