Madras High CourtWP(MD)/8103/2017dismissed

K.Thirumalai Jayabalamuthu, v. The Joint Commissioner

2017-04-27Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8103 of 2017 and W.M.P(MD)No.6233 of 2017 K.Thirumalai Jayabalamuthu ..Petitioner Vs 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

2.The Executive Officer, Arulmighu Swayambu Saneeswaa Bhagavan Thirukkoil, Kuchanur, Uthamapalayam Taluk, Theni District ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned show cause notice dated14.4.2017 issued by the second respondent and quash the same.

For Petitioner : M/s.T.Antony Arul Raj For Respondent-1 : Mr.D.Muruganandam Addl.Govt.Pleader For Respondent-2 : M.Karuppasamy Pandian

ORDER

The learned counsel for the Petitioner approached this Court seeking issuance of a Writ of Certiorari calling for the records relating to the impugned show cause notice dated14.4.2017 issued by the second respondent.

2.Mr.D,Muruganantham, learned Additional Government Pleader takes notice for the first respondent and Mr.Karuppasamy Pandian, learned counsel takes notice for the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.According to the notice, an enquiry was initiated in respect

of several complaints from the devotees against the Petitioner and his assistants in regard to the conduct of prayer and also in regard to the duties of the Petitioner and his assistants. 4.On perusal of the records, it could be seen that it is only a show cause notice and it is for the Petitioner to submit his explanation and this Court cannot interfere at this stage. It is open to the Petitioner to submit himself for the enquiry and make submissions in support of his defense. 5.In such view of the matter, the Writ Petition is pre-matured and cannot be entertained by this Court. Therefore this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

2.The Executive Officer, Arulmighu Swayambu Saneeswaa Bhagavan Thirukkoil, Kuchanur, Uthamapalayam Taluk, Theni District.

+1 cc to Mr.T.Antony Arul Raj, Advocate, SR.No. 54904 +1 cc to Special Government Pleader, SR.No.55379 vsn AE/JC/12.05.2017/2P/5C W.P(MD)No.8103 of 2017 and W.M.P(MD)No.6233 of 2017 27.04.2017 https://hcservices.ecourts.gov.in/hcservices/