Ravichandran. S v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.10231 of 2023 S.Ravichandran ... Petitioner Vs.

1.The Principal Secretary, Department of Tourism, Culture and Religious Endowments, Tamil Nadu State Secretariat, St. George Fort, Chennai - 600 009.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Chennai - 600 034.

3.The Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani - 624 601.

4.The Chair Person of Board of Trustees, Arulmigu Dhandayuthapani Swamy Temple, Palani - 624 601.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the record on the file of the respondents 3 and 4 in Na.Ka.No. 4374/2022/A1, dated 01.03.2023, quash the same as illegal and consequently, direct the respondents 1 and 2 to direct the respondents 3 and 4 to conduct the selection process for the existing vacancies based on merit and follow internal reservation for Women, Physically Challenged Persons and others and direct the respondents to conduct written examination as well as practical examination based on the nature of the posts.

For Petitioner :Mr.M.Vivek Bharathi For Respondents :Mr.R.Sureshkumar Additional Government Pleader

O R D E R

********** Heard the learned counsel on either side.

2.This Writ Petition has been filed ostensibly not in public interest, but mere look into the service issue. It is well settled that in service matters, Public Interest Litigation will not lie. Even though we nonsuited the petitioner on the ground of maintainability, we are impressed by one submission made by the learned counsel for the petitioner that 2/5

there is a condition in the recruitment Notification that a person, who has filed a case against the Temple and his legal heirs will be treated as disqualified persons, which will prejudice to the fundamental rights. Hence, we make it clear that the candidate, who has filed a case or Writ Petition against the Temple and his legal heirs shall not be treated as disqualified persons.

3.With this clarification, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 (2/2) Index:Yes/No Internet:Yes/No NCC:Yes/No smn2 To 1.The Principal Secretary, Department of Tourism, Culture and Religious Endowments, Tamil Nadu State Secretariat, St. George Fort, Chennai - 600 009.

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2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Chennai - 600 034.

3.The Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani - 624 601.

4.The Chair Person of Board of Trustees, Arulmigu Dhandayuthapani Swamy Temple, Palani - 624 601.

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G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

smn2 ORDER MADE IN 10.05.2023 (2/2) 5/5