K.Subramaniyan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.18022 of 2016 K.Subramaniyan ... Petitioner Vs.

1.The Commissioner, (Administration) Department, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Department, Tirunelveli.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Vadiveeswaram, Nagercoil.

4.The Executive Officer, A/m.Isakki Amman Thirukoil, Muppanthal (East), Nagercoil, Kanyakumari District.

... Respondents Prayer:Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to allow the petitioner to continue his poojari service in the fourth respondent temple, as per the appointment order, dated 21.06.2011.

For Petitioner : Mr.S.Govindan for M/s. Sivanesan For R1 to R3 : Mr.R.Murugaraj Government Advocate For R4 : Mr.B.S.Meltiue

O R D E R

This writ petition has been filed for a direction to the respondents to allow the petitioner to continue his poojari service in the fourth respondent temple, as per the appointment order, dated 21.06.2011.

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2. The case of the petitioner is that he was appointed as Keezh Santhi (Assistant) on temporary basis, by the proceedings of the third respondent, dated 21.06.2011 and he served more than seventeen months as Keezh Santhi. Prior to that, the petitioner served as Assistant to the Mel Santhi for more than five years. However, his service was not regularised. Subsequently, the petitioner's name was recommended for regularisation by the Executive Officer, vide order dated 22.02.2021. However, till date no order was passed. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the first respondent to pass orders on the proposal submitted by the fourth respondent, vide order dated 22.02.2021, within the reasonable time as fixed by this Court.

4. The learned Government Advocate appearing for the respondents 1 to 3 has no serious objection for considering the proposal submitted by the fourth respondent.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the proposal submitted by the fourth respondent, dated 22.02.2021 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Commissioner, (Administration) Department, Nungambakkam, Chennai 600 034.

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2.The Joint Commissioner, Department, Tirunelveli.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Vadiveeswaram, Nagercoil.

4.The Executive Officer, A/m.Isakki Amman Thirukoil, Muppanthal (East), Nagercoil, Kanyakumari District.

01.03.2021 MJ(CO) KB(16.03.2021) 3P 5C 3/3