Madras High CourtWP(MD)/8922/2018disposed of

M.Anandhan v. The Commissioner

2022-02-10Honourable Mr Justice C. Saravanan2 pages

Writ Petition (MD) No.8922 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) No.8922 of 2018 and W.M.P.(MD)Nos.8325, 8326 and 14538 of 2018 M.Anandhan .. Petitioner

Versus

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungampakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai - 16.

3.The Inspector, Hindu Religious and Charitable Endowments Department, Madurai North, Madurai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned show cause notice, dated 20.03.2018, in Na.Ka.No.9290/2007/A1, issued by the second respondent and quash the same as illegal.

For Petitioner :

Mr.J.Anandkumar For Respondents :

Mr.P.Subbaraj Special Government Pleader

ORDER

The petitioner has challenged the impugned show cause notice, dated 20.03.2018, bearing Na.Ka.No.9290/2007/A1. In the impugned show cause notice, five different charges have been framed against the petitioner. Instead of submitting a reply to the above said show cause notice, the petitioner has straightaway approached this Court.

2.Though a detailed counter affidavit has been filed by the second respondent stating that a criminal complaint was registered against the petitioner in Crime No.19 of 2016 and a suit was also filed, the petitioner has attempted to scuttle the proceedings https://hcservices.ecourts.gov.in/hcservices/ 1/2

Writ Petition (MD) No.8922 of 2018 initiated under Section 26(1)(h) and 26(4) of the HR & CE Act and there is no merit in the present Writ Petition. 3.Considering the above said facts, this Court directs the respondents to complete the proceedings initiated against the petitioner, vide impugned show cause notice dated 20.08.2018, bearing Na.Ka.No.9290/2007/A1, within a period of eight weeks from the date of receipt of a copy of this order. Needless to state that the petitioner is entitled to file a reply and participate in the said proceedings. The petitioner is directed to co-operate with the respondents in the aforesaid proceedings, failing which, the respondents are at liberty to pass appropriate orders based on the available records.

4.With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungampakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai - 16.

3.The Inspector, Hindu Religious and Charitable Endowments Department, Madurai North, Madurai.

+1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-5473[F] dated 10/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5746[F] dated 11/02/2022 ) WP (MD) No.8922 of 2018 10.02.2022 SB(CO) GC(21.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2