Shankar Gurukkal v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2023

CORAM:

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.25966 of 2023 and W.M.P.(MD) Nos.22328 and 22331 of 2023 Shankar Gurukkal .. Petitioner Vs 1.The Government of Tamil Nadu, Rep., by its Chief Secretary, Tourism, Culture and Religious Fort St. George, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Mayiladuthurai, Mayiladuthurai District.

4.Arulmigu Naganathaswami Thirukovil, Rep., by its Executive Officer, Thirunageswaram, Kumbakonam Taluk, Thanjavur District.

.. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records pertaining to the impugned enquiry report of the 3rd respondent in Na.Ka.No.5793/2022/E2, dated 19.09.2022 and quash the same in so far as the petitioner herein is concerned.

For Petitioner :

Mrs.Hema Sampath Senior Counsel assisted by Mr.M.Saravanan For RR1 to 3 :

A.Kannan, Additional Government Pleader

O R D E R

Heard the learned Senior Counsel for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3.

2. What is under challenge is the communication dated 19.09.2022 addressed by the 3rd respondent to the 2nd respondent.

3. I carefully went through the contents of the communication. It of course contains certain adverse observations against the writ

petitioner. But then, the operative portion is to the effect that a detailed enquiry must be conducted.

4. In my view, the impugned communication by itself cannot impinge on the rights of the writ petitioner. I make it clear that on the strength of this communication, the petitioner shall not be visited with any adverse action. This is because the petitioner was not put on notice and he was not enquired.

5. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 26.10.2023 NCC : Yes/No Internet : Yes Index : Yes/No abr To 1.The Chief Secretary, The Government of Tamil Nadu, Tourism, Culture and Religious Fort St. George, Chennai-600 009.

G.R.SWAMINATHAN, J.

abr 2.The Commissioner, Hindu Religious and Charitable Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Mayiladuthurai, Mayiladuthurai District.

W.P.(MD) No.25966 of 2023 26.10.2023