Madras High CourtWP(MD)/22155/2016disposed of

A.Venkatathiri, v. The Joint Commissioner Of

2016-11-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.22155 of 2016 and W.M.P(MD)No.15862 of 2016 A.Venkatathiri ... Petitioner Vs.

1.The Joint commissioner of H.R. & C.E.

Joint commissioner Office, Hindu Religious and Charitable Endowment Board, 40, Muthusamy Nagar, Thirupathur Road, Sivagangai District.

2.The Manager, Arulmigu Somiya Narayana Perumal Thirukovil Devasthanam, Thirukoshtiyur,Thirupathur Taluk, Sivagangai District.

3.Mrs.Rani Mathuranthagi Nachiar, Hereditary Trustee, Sivagangai Samasthanam Devasthanam, Door No.27, Raja Chatram Street, Sivagangai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari by calling for the entire records pertaining to the proceedings in Na.Ka.No.D1/2328/08 dated 07.10.2016 issued by the 2nd respondent and quash the same.

For Petitioner : Mr.R.Anand For R-1 : Mr.K.Mahesh Raja, Government Advocate For R-2 & R-3 : Mr.T.Srinivasa Raghavan

ORDER

Challenging the order issued by the third respondent, the present Writ Petition has been filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner, the learned Government Advocate for the first respondent and the learned counsel for the respondent Nos.2 and 3.

3. Perusal of the impugned order shows that it is a preliminary enquiry notice, in and by which, the petitioner is directed to appear and submit his explanation with regard to the allegation made against him.

4. Even according to the petitioner, he had already submitted his explanation on 05.11.2016, but, it was not duly acknowledged by the respondent Nos.2 and 3.

5. In such circumstances, since the impugned order is only an enquiry notice, the petitioner is directed to submit his explanation and on receipt of the same, the second respondent is directed to conduct enquiry based on the explanation submitted by the petitioner and also give personal hearing to the petitioner and thereafter, pass suitable orders, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The Joint commissioner of H.R. & C.E.

Joint commissioner Office, Hindu Religious and Charitable Endowment Board, 40, Muthusamy Nagar,Thirupathur Road,Sivagangai District. 2.The Manager Arulmigu Somiya Narayana Perumal Thirukovil Devasthanam, Thirukoshtiyur,Thirupathur Taluk Sivagangai District.

+1 CC to Mr.R.ANAND, Advocate, SR No.71419 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.70715 W.P(MD)No.22155 of 2016 18.11.2016 pm SH:16.12.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/