S.Karthick, S/O.Sangan, v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.17396 of 2017 and WMP(MD).No.13910 of 2017 S.Karthick ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Chennai-34.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai-625001.
3. The Deputy Commissioner/Executive Officer, Arulmigu Pandimuneeswarar Temple, Melamadai, Madurai East Taluk, Madurai District.
4. The Fit Person, Arulmigu Pandimuneeswarar Temple, Melamadai, Madurai East Taluk, Madurai District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the impugned order of the 3rd respondent in proceedings Se.Mu.Na.Ka.No.63/2017 Aa1 dated 31.07.2017 issued to the petitioner and quash the same as illegal. For Petitioner :Mr.K.Chellapandian, Senior Counsel for R.R.Kannan For Respondents 1 & 2 :Mr.J.Gunaseelan Muthaiah Government Advocate For Respondents 3 & 4 :Mr.M.Muthugeethayan
O R D E R
The writ petition has been filed calling for the records of the impugned order of the 3rd respondent in proceedings Se.Mu.Na.Ka.No.63/2017 Aa1 dated 31.07.2017 issued to the petitioner and quash the same as illegal.
2. The petitioner is the hereditary Managing Trustee of the temple, as per the proceedings of the second respondent in Na.Ka.No.13594 / 96, Aa1 dated 04.09.1997. By way of proceedings dated 02.03.2016, the petitioner along with seven other hereditary trustees were temporarily suspended from the Hereditary Trusteeship and thereafter, they were suspended permanently and a fit person was also appointed. Challenging the same, the petitioner has filed the present Writ Petition.
3. In an identical situation the Hon'ble Division Bench of this Court in W.A.No.633 of 2012 (G. Raguraman Vs. The Assistant Commissioner HR and CE Board, Vekkaliamman Koil, Woraiyur, Thiruchirappalli and others) dated 18.08.2014 has held as follows:- "This Court disposed of the Writ Petition with the following directions:- "3. I am of the considered view that on a reference to the impugned order of suspension, it could be seen that in the suspension order a reference is made, which is a proceedings of the Thakkar dated 23.07.2012, by which a resolution has been passed by the Thakkar resolving to suspend the petitioner from service. Therefore, this order is only a communication pursuant to the resolution passed by the Thakkar."
4. A perusal of the order would show that the impugned order is nothing but a communication with regard to the resolution passed by the Thakkar, which is evident from the last paragraph of the impugned order. Therefore, following the above judgment the Writ Petition is disposed of with liberty to the petitioner to proceed further in accordance with law. No costs. Consequently connected Miscellaneous petition is closed.
Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar
To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Chennai-34.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai-625001.
3. The Deputy Commissioner/Executive Officer, Arulmigu Pandimuneeswarar Temple, Melamadai, Madurai East Taluk, Madurai District.
+ 1 CC TO MR.R.R.Kannan , ADVOCATE IN SR No. 80445 + 1 CC TO MR.M.Muthugeethayan, ADVOCATE IN SR No. 80092 trp/psd MK/KK/SAR-3/02.11.2017/3P/6C W.P(MD) No.17396 of 2017 and WMP(MD).No.13910 of 2017 20.09.2017