P.S. Senthilkumar, v. The Joint Commissioner /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)No.1 of 2015 P.S.Senthil Kumar ... Petitioner vs

1. Joint Commissioner/Executive Officer, Kanyakumari District Temples, Suchindrum, Kanyakumari District.

2. The Commissioner, Hindu Religious & Charitable Endowment Department, Nungabakkam, Chennai - 34.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 15.02.2013 passed in Na.Ka.No.6428/2009/E2 passed by the first respondent and quash the same as arbitrary and illegal and consequently, direct the first respondent to pay the amount already deducted from the petitioner.

For Petitioner : Mr.P.Baskaran For Respondents : No appearance for R1 Mr.N.Ramesh Arumugam for R2 Government Advocate (Civil Side) *****

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 15.02.2013, passed by the first respondent and quash the same as arbitrary and illegal and consequently, direct the first respondent to pay the amount already deducted from the petitioner.

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2. The petitioner had joined service on 15.06.1998 as a Temple Executive/Junior Assistant in Kanyakumari District. The petitioner was assigned the job of Sree Kariyam as Temple Administrator. The petitioner alleges that without issuing any notice and without conducting any enquiry based on the Audit slip, the petitioner was imposed the punishment of recovery to the tune of Rs.3,00,000/- (Rupees Three Lakh only). The petitioner submitted that the amount was recoverd over a period of 60 months as Rs.5,000/- (Rupees Five Thousand only) per month. The petitioner is claiming refund of the amount and also prayed to quash the order passed by the first respondent. The enquiry in Hindu Religious and Charitable Endowments there is no strict rule, however, the principles of natural justice is applicable to the Hindu Religious and Charitable Endowments also. Therefore, this Court deems it fit, to remit back the case to the first respondent and conduct denova enquiry by giving a notice and opportunity to the petitioner to explain the allegation and thereafter, pass an order.

3. Therefore, this Court is setting aside the impugned order and directing the first respondent to conduct denova enquiry after issuing the notice and granting sufficient opportunity to the petitioner.

4. With the above direction, the Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To

1. Joint Commissioner/Executive Officer Kanyakumari District Temples Suchindrum, Kanyakumari District.

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2. The Commissioner, Hindu Religious & Charitable Endowment Department, Nungabakkam, Chennai - 34.

+1 CC to M/s.P.BASKARAN, Advocate ( SR-1215[F] dated 11/01/2022 ) +1 CC to M/s.K.SATHYASINGH, Advocate ( SR-1438[F] dated 12/01/2022 ) +1 CC to M/s.SPL GP ( SR-1264[F] dated 11/01/2022 ) 10.01.2022 RD(08.02.2022) 3P 6C 3/3