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Madras High CourtWP(MD)/18687/2022dismissed

Alagarsamy.N v. The Commissioner

2022-08-17Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18687 of 2022 and W.M.P.(MD)Nos.13593 and 13594 of 2022 N.Alagarsamy ... Petitioner /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Office of the Joint Commissioner, Kumaran Muthusamy Nagar, CB Colony, Sivagangai-630 562.

3.The Deputy Commissioner / Executive Officer, Arulmighu Ramanathasamy Thirukovil, Rameshwaram, Ramanathapuram District.

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4.The Deputy Commissioner / Executive Officer, Arulmighu Sankaranarayanasamy Thirukovil, Sankarankovil, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to impugned order of third respondent vide proceedings in Se.Mu.Na.Ka.No. 2507/2021/A2 dated 05.08.2022 to quash the same as illegal and unconstitutional, consequently direct the respondents 1 to 3 to allow the petitioner to continue as Para (Watchman) in the Arulmighu Ramanathasamy Thirukovil, Rameshwaram, Ramnathapuram District.

For Petitioner : Mr.D.Balamurugapandi For R1 to R3 : Mr.D.Linga Durai Special Government Pleader For R4 :

Mr.V.R.Shanmuganathan

ORDER

The order dated 05.08.2022, under challenge in this writ petition is not a transfer order but rather an order reorganizing and regularizing the service conditions, insofar as posting of various employees of the temple, are concerned. 2/4

2.As a matter of fact, such reorganization of the work timings and work place within the temple, could only facilitate the temple authorities as well as the devotees at large. The grounds raised by the petitioner touches upon certain departmental proceedings initiated against him twenty(20) years back. Such pendency of the departmental proceedings would have no nexus with the present reorganization of the work timings and work places, inside the temple. I do not find any grounds to interfere with the impugned order dated 05.08.2022 passed by the third respondent herein.

3.Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petitions are also dismissed. No costs. 17.08.2022 Index : Yes / No Internet : Yes / No pnn / TM 3/4

M.S.RAMESH, J.

pnn / TM To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Office of the Joint Commissioner, Kumaran Muthusamy Nagar, CB Colony, Sivagangai-630 562.

3.The Deputy Commissioner / Executive Officer, Arulmighu Ramanathasamy Thirukovil, Rameshwaram, Ramanathapuram District.

4.The Deputy Commissioner / Executive Officer, Arulmighu Sankaranarayanasamy Thirukovil, Sankarankovil, Tenkasi District.

Order made in W.P.(MD)No.18687 of 2022 and W.M.P.(MD)Nos.13593 and 13594 of 2022 Dated:

17.08.2022 4/4