Hariram Poosari v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN Hariram Poosari ... Petitioner Vs.
1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
2.The Assistant Commissioner/Executive Officer, Arulmigu Mariamman Thirukovil, Irukkankudi.
3.Arulmigu Mariamman Thirukovil, Irukkankudi, Through its Chairman, Board of Trustees, Irukkankudi.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondents 2 and 3 to conclude the enquiry decided to be initiated by the third respondent vide Board resolution 1/5
dated 24.04.2024 and also to consider the request of the petitioner to revoke the suspension dated 04.06.2020 vide proceedings of the 2nd respondent dated in Se.Mu.Na.Ka.No.13 of 2020-3/A5 from the poosariship of Arulmigu Mariamman Koil, Irukkankudi by considering the petitioner's representation dated 27.12.2021.
For petitioner : Mr..Anandkumar For respondents : Mr.P.Subbaraj Special Government Pleader for R1 Mr.VR.Shanmuganathan Standing Counsel for R2 Mr.N.Dilip Kumar for R3 *****
ORDER
Heard learned counsel for the petitioner, learned Special Government Pleader for the first respondent, learned Standing Counsel for the second respondent and learned counsel for the third respondent.
2. It appears that the petitioner was placed under suspension vide order dated 04.06.2020 passed by the second respondent, along with two others namely, Ramar Poosari and Kathiresan Poosari. This was the subject matter of the challenge before this Court in W.P.(MD)No.7799, 7804 & 7806 of 2020. Those 2/5
Writ Petitions were disposed of by this Court on 17.09.2020 with a direction to the petitioners therein to approach the statutory Authority namely, Joint Commissioner/first respondent herein.
3. It is noticed that accordingly, the petitioner and other persons have filed petitions in A.P.Nos.1 to 3/2020 under Section 21 of the TNHR&CE Act, 1959. A.P.Nos.1 to 3 of 2020 were dismissed. Aggrieved by the same, the petitioner had filed a Revision Petition before the Commissioner in R.P.No.229 of 2020. The petitioner has, thereafter, withdrawn the same and has now agreed to attend the enquiry before the second respondent.
4. The learned Standing Counsel for the second respondent submits that the same may be recorded. The learned Standing Counsel for the second respondent submits that the enquiry will be completed after issuing show cause notice to the petitioner within a period of two months from today.
5. Recording the above, there shall be a direction to the second respondent to issue show cause notice to the petitioner and complete the proceedings within a 3/5
period of two months from today.
This Writ Petition is disposed of, with above directions. No costs. Index : Yes / No 09.07.2024 Internet : Yes / No apd To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
2.The Assistant Commissioner/Executive Officer, Arulmigu Mariamman Thirukovil, Irukkankudi.
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C.SARAVANAN, J.
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