Kalidhasan Poosari v. Commissioner, Hindu Religious & Charitable Endowment Department, Chennai
2015-02-02
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment :- 1. This Writ Petition has been filed praying for the issuance of a writ of Certiorarified Mandamus to call for the records of the 2nd respondent's impugned order in Na.Ka.No.1201/2012/A1 dated 28.10.2014 and consequential impugned order in Se.Mu.Na.Ka.No.2061/2006/A3 dated 01.12.2014 and quash the same and consequently directing the 1st and 2nd respondents to consider the petitioner's representation dated 13.11.2014 and pass such further or other orders. 2. The learned counsel for the petitioner submits that as far as the first notice dated 28.10.2014 is concerned, it is a notice stating that it comes under the Hindu Religious and Charitable Endowment Department. Admittedly, there is no notice was given for passing such an order. Similarly, the second notice dated 01.12.2014 is concerned, it appoints a fit person to the temple in question directly without giving notice to the petitioner. 3. The learned Special Government Pleader appearing for the respondents 1 and 2 fairly submits that admittedly no notices were issued to the petitioner before passing the impugned orders dated 28.10.2014 and 01.12.2014. 4. The third respondent submits that pursuant to the order of the dated 01.12.2014, he is taken as incharge of the temple in question. Heard both sides. 5. By consent, the Writ Petition itself is taken up for final disposal. 6. A reading of the order dated 28.10.2014 would reveal that the temple in question has been brought under the Hindu Religious and Charitable Endowment Department, but without notice. Even though no notice is issued, the petitioner cannot be said to be aggrieved by that order. But, insofar as the order dated 01.12.2014 is concerned, appointing a fit person for the very same temple without notice to the petitioner, it really causes great prejudice to the petitioner. Necessarily, the order dated 01.12.2014 has to be set aside since, on the face of it, it violates the principles of natural justice. Accordingly, both the orders dated 28.10.2014 and 01.12.2014 of the second respondent are set aside. However, this order will not preclude the respondents to include the temple in question under the Hindu Religious and Charitable Endowment Department after issuing a proper notice to him and pass orders in accordance with law for inclusion of the temple in the Hindu Religious and Charitable Endowment as well as appointing a fit person for the temple in question.
However, this order will not preclude the respondents to include the temple in question under the Hindu Religious and Charitable Endowment Department after issuing a proper notice to him and pass orders in accordance with law for inclusion of the temple in the Hindu Religious and Charitable Endowment as well as appointing a fit person for the temple in question. When such notices are issued, it is open to the petitioner to raise his objections in the manner known to law. 7. With the above directions, this Writ Petition stand allowed. No costs. Consequently, the connected miscellaneous petition is closed.