A.Meenakshisundaram, v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2021
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P(MD). No. 13861 of 2016 A.Meenakshisundaram ... Petitioner Vs.
1. The Secretary, Tourism, Culture and Religious Endowment Department, Secretariat, Fort St George, Chennai 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gadhi Salai, Chennai 600 034.
... Respondents PRAYER:
Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents to ensure and to safeguard the rights of the employees of the Temple under the Second Respondent and to regularize their service by taking note of Section-12 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, by framing comprehensive Service Rules under Section 116 of the Tamil Nadu Hindu Religious and Charitable Endowment Act in the light of the order in Writ Appeal Nos.1497 and 1561 of 2005 and 968 of 2006, dated 22.01.2009 by considering the petitioner's representation dated 18.04.2016 within the period stipulated by this Court.
For Petitioner :
Mr.S.Adam Ali for Mr.A.Haja Mohideen For Respondents :
Mr.K.P.Narayanakumar Special Government Pleader
O R D E R
(through video conferencing) Heard Mr.S.Adam Ali, representing for Mr.A.Haja Mohideen, Learned Counsel appearing for the Petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the First and Second Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.
Learned Counsel appearing for the Petitioner informs that the Petitioner has collected the papers from him. However, no change of vakalat has been filed till today. It is evident that the Petitioner is not interested in prosecuting the matter further. 1/3
3.
It is brought to the notice by the learned Special Government Pleader appearing for the First and Second Respondents that after filing of the writ petition, the Government of Tamil Nadu by G.O.Ms.No.114, Tourism, Culture and Religious Endowments (RE4-2), dated 03.09.2020, has published the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules 2020, in exercise of the powers conferred by clause (xxiii) of sub-section
(2) of Section 116 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and he has produced a copy of the same. 4.
In view of the subsequent events, the relief sought for by the Petitioner in the Writ Petition does not remain for consideration. However, if the Petitioner still has any grievance to be redressed, he is not precluded from him to work out his rights before the appropriate forum in the manner recognized by law. 5.
In the result, this Writ Petition is disposed with the aforesaid observations. No costs.
Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns/rmk 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. The Secretary, Tourism, Culture and Religious Endowment Department, Secretariat, Fort St George, Chennai 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gadhi Salai, Chennai 600 034.
2/3
Copy to A.Meenakshisundaram, S/o.Arunachalam, 12,K.T.K.Thangamani Street, Munthiru Thoppu, Anna Nagar, Madurai-20 Madurai District.
+1 CC to M/s.SPL GP ( SR-15863[F] dated 15/04/2021 ) W.P(MD). No. 13861 of 2016 08.04.2021 PM(CO) TR(18.06.2021) 3P 5C 3/3