S. Sivasubramanian v. The Executive Officer, Arulmigu Vanchinatha Swami Koil, Thiruvanchiyam & Another
2007-01-19
K.CHANDRU
body2007
DigiLaw.ai
Judgment :- The order impugned in the writ petition is passed by the first respondent dated 20.08.1998 under Section 56(1) of the Hindu Religious and Charitable Endowment Act (hereinafter referred to as "the Act"). By the said order, the petitioner has been dismissed from service. Against the order passed under Section 56 (1) of the Act, a statutory appeal will lie to the Appellate Authority under Section 56(2) of the said Act. The petitioner has not exhausted the right of appeal and has come to file the present writ petition. The status of the petitioner is only that he is employed under the Trust. Therefore, no writ will lie against the order passed by the authorities in dismissing an employee of the temple. However, Mr. S.Soundar, learned counsel for the petitioner submits that the Executive Officer is incompetent to pass an order and only the trustee should pass an order. Even this contention can be raised before the Appellate Authority. Therefore, the writ petition is dismissed. No costs. However, the petitioner if so desires, can file a statutory appeal under Section 56(2) of the Act to the appropriate Appellate Authority and if such appeal is filed by the petitioner within a period of two weeks from the date of receipt of a copy of this order, the Appellate Authority shall consider the appeal on merits without raising any objection as regards limitation.