Ramar Poosari.S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Ramar Poosari ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Sivagangai, Now bifurcated to Madurai, Madurai District.

3.The Executive Officer / Assistant Commissioner, Arulmigu Irrukangudi Mariamman Temple, Irrukangudi Post, Sattur Taluk, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent herein to dispose of the revision petition in R.P.No.50 of 2021 filed by the petitioner as against the order dated 08.10.2020 in A.P.No.3 of 2020 on the file of the second respondent herein expeditiously within such time as may be 1/5

directed by this Court on merits and in accordance with law. For Petitioner : Mr.T.Pon Ramkumar For R-1 and R-2 : Mr.S.P.Maharajan, Special Government Pleader.

For R-3 : Mr.V.R.Shanmuganathan

ORDER

This Writ Petition is filed for Mandamus, directing the respondents to dispose of the revision petition in R.P.No.50 of 2021 filed by the petitioner as against the order dated 08.10.2020 in A.P.No.3 of 2020.

2. The contention of the petitioner is that 3 persons were suspended. However, the respondents have considered the case of one person namely, Ariram and reinstated the said Ariram. However, the respondents did not consider the plea of the petitioner. The contention of the respondents is that the said Ariram had withdrawn the revision petition which is filed before the Commissioner of Hindu Religious and Charitable Endowments Department. By considering the same, the respondents reinstated the said Ariram. 2/5

3. Therefore, this Court is of the considered opinion that the petitioner also shall pray for revocation of suspension and consequently to reinstate before the Commissioner of HR and CE Department. The Commissioner while considering the petitioner's revision petition shall also consider for revocation of suspension and the consequent prayer to reinstate within a period of four (4) months from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

24.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr Note: Issue Order Copy on 25.07.2023.

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To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Sivagangai, Now bifurcated to Madurai, Madurai District.

3.The Executive Officer / Assistant Commissioner, Arulmigu Irrukangudi Mariamman Temple, Irrukangudi Post, Sattur Taluk, Virudhunagar District.

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S.SRIMATHY, J.

Nsr 24.07.2023 5/5