Radhakrishnan V Archakar v. The Joint Commissioner / Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH V.Radhakrishnan ... Petitioner Vs.

1.The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowment, Suchindram, Kanniyakumari District.

2.The Superintendent, Hindu Religious and Charitable Endowment, Padmanabhapuram Region, Kanniyakumari District.

3.The Sreeekaariyam (Manager), Ponmanai Devasom, Kanniyakumari District.

4.Senthil Kumar.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, direct the respondents 1 to 3 permit the petitioner to joint as "Archagar" in Sastha Thirukovil Ponmanai as per the transfer order passed by the 1st respondent in his proceedings vide Se.Mu.Na.Ka.No. 1/4

2386/2016/A2, dated 13.05.2022.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.K.Sathiya Singh for R1 to R3 Standing Counsel Mr.K.Rajkumar for R4

O R D E R

The petitioner challenges the order of transfer, dated 13.05.2022, whereby, he was transferred from Arulmigu Theembilankudi Mahadevar Thirukovil, Ponmanai to P.T.Maruvurkandan Sastha Thirukovil, Ponmanai, with the consequential prayer to permit him to joint as Archagar in Sastha Thirukovil, Ponmanai.

2.Today, when the matter was called, the learned Standing Counsel for the respondents submit that the date of birth of the petitioner herein is 04.06.1960 as per the School Records. Thus, he reached the age of superannuation on 03.06.2020 at the age of 60 years. The proceedings in this connection was also passed on 30.06.2022 and a copy of the same has also been served on the learned counsel for the petitioner. 2/4

3.In view of the above, the prayer sought for in the present writ petition challenging the transfer order is a futile exercise, since even otherwise the petitioner has reached the age of superannuation and would not be entitled to continue as a Archagar. However, if the petitioner is aggrieved against the present order, dated 30.06.2020, liberty is granted to him to workout his remedy in accordance with law.

4.With the above liberty, this writ petition stands closed. No costs. 25.07.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM 3/4

M.S.RAMESH,J.

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