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Madras High CourtWP(MD)/4418/2017dismissed

P.Murugesan, v. The Commissioner

2017-03-16Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4418 of 2017 P.Murugesan ..Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nugambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, No.40, Muthusamy Nagar, Thiruppathur Road, Sivagangai.

3.The Assistant Commissioner, The Executive Office, A/m, Bathirakaliamman Thirukkovil, Madappuram, Thiruppuvanam, Sivagangai District.

..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.12.2016 for the regularization of the petitioner's service on the prescribed scale of pay as per the Government Order No.62, dated 18.02.2015 of Tourism, Cultural and Hindu Religious & Charitable Endowments Department in the post of Chief Guard or Maniam in Arulmigu Adaikalam Katha Ayyanar and Bathrakaliamman Thirukkoil at Madappuram, Thiruppuvanam, Sivagangai District within a specified time frame as fixed by this Court.

For Petitioner : Mr.P.Sivasubramanian For Respondents : Mr.N.S.Karthikeyan, Additional Government Pleader ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.12.2016 for the https://hcservices.ecourts.gov.in/hcservices/

regularization of the petitioner's service on the prescribed scale of pay as per the Government Order No.62, dated 18.02.2015 of Tourism, Cultural and Hindu Religious & Charitable Endowments Department in the post of Chief Guard or Maniam in Arulmigu Adaikalam Katha Ayyanar and Bathrakaliamman Thirukkoil at Madappuram, Thiruppuvanam, Sivagangai District within a specified time frame as fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for Respondents.

3. Mr.N.S.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. The learned Additional Government Pleader appearing for the respondents has produced a copy of the proceedings in Na.Ka.No.57891/2015/Z3, dated 03.03.2017. By this order, the request of the petitioner has been turned down. Since, the prayer for issuing a Writ of Mandamus does not survive in view of the order passed on the representation of the petitioner, the Writ petition has become infructuous.

5. Accordingly, the Writ petition is dismissed as infructuous. However, it is open to the petitioner to challenge the proceedings of the first respondent, dated 03.03.2017. No costs. Sd/- Assistant Registrar(C) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nugambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, No.40, Muthusamy Nagar, Thiruppathur Road, Sivagangai.

3.The Assistant Commissioner, The Executive Office, A/m, Bathirakaliamman Thirukkovil, Madappuram, Thiruppuvanam, Sivagangai District.

+1 cc to MR.P.SIVASUBRAMANIAN,ADVOCATE,SR NO.15041 + CC TO SPECIAL GOVERNMENT PLEADER,SR NO.15536 pmu MAS/RR:03.04.2017:2P-6C ORDER MADE IN W.P.(MD).No.4418 of 2017 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/