N.Kulandaivel, v. Thakkar / Executive Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7692 of 2019 and W.M.P.(MD)Nos.6111 and 6112 of 2019 N.Kulandaivel ... Petitioner Vs Thakkar / Executive Officer, Arulmigu Pathrakaliamman, Thirukoil, Mattaparai, Manaparai Taluk, Trichy.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, call for the records of the respondent dated 22.03.2019 whereby the petitioner was removed from the poojadhar and quash the same as illegal and arbitrary. For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.AN.Ramanathan

ORDER

Heard the learned counsel on either side.

2.By the impugned order, the writ petitioner has been removed from the post of poojari. It is seen that no enquiry was conducted before passing the impugned order. There has been a gross violation of principles of natural justice. The procedure laid down in Section 55 of the TamilNadu Hindu Religious and Charitable Endowments Act, 1959, has not been followed in this case. Therefore, the order impugned in this writ petition is set aside and the Writ Petition stands https://hcservices.ecourts.gov.in/hcservices/ allowed. The second respondent is of course at liberty to proceed in the matter afresh in accordance with law. No

costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS ) To Thakkar / Executive Officer, Arulmigu Pathrakaliamman, Thirukoil, Mattaparai, Manaparai Taluk, Trichy.

+1 CC to Mr.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-58463[F] dated 02/04/2019 ) +1 CC to Mr.AN.RAMANATHAN, Advocate ( SR-58279[F] dated 02/04/2019 ) W.P.(MD)No.7692 of 2019 01.04.2019 ias AE (27.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/