S.Ligeshwaran vs State Of Tamil Nadu Represented By
2023 Latest Caselaw 10964 Mad

                                                                       W.A.No.424 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 22.08.2023

                                                    CORAM

                                    THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
                                                      AND
                                  THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ

                                               W.A.No.424 of 2023

                     S.Ligeshwaran
                     S/o. Mr. T.S. Subramani Desigar
                     No. 77 Kanniyamman Koil street
                     Thiruporur, Chengalpet Distirct 603 110              .. Appellant

                                                       Vs.
                     1.State of Tamil Nadu represented by
                     the Principal secretary to Government
                     The Tourism, Culture and
                           Religious Endowment Department
                      Secretariat, Fort St George, Chennai 09
                     2.The Commissioner
                     The Tamil Nadu Hindu Religious
                          and Charitable Endowments Department
                     Mahatma Gandhi Road
                     Nungambakkam, Chennai 34

                     3.The Joint Commissioner
                     The Tamil Nadu Hindu Religious
                          and Charitable Endowments Department
                     No.11/20, Thangavelar street
                      Kancheepuram 631 501


                     1/6


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                                                                                      W.A.No.424 of 2023

                     4.The Assistant Commissioner
                     The Tamil Nadu Hindu Religious and
                          Charitable Endowments Department,
                     Collector Office Premises
                     Kancheepuram 631 501

                     5.The Executive officer
                     Arulmigu Kandhaswamy Thirukoil
                     Thiruporur, Chengalpet District 603110                           .. Respondents


                                  Writ Appeal filed under Clause 15 of the Letters Patent against the

                     order dated 09.09.2022 passed in W.P.No.25762 of 2022 on the file of this

                     Court.



                                             For Appellant     : Mr.S.R.Karthikeyan

                                             For Respondents : Mr.Yashwanth
                                                               Additional Government Pleader


                                                          JUDGMENT

[Judgement of the Court was delivered by R.MAHADEVAN, J.]

According to the appellant, while he was working as Computer

Operator in the fifth respondent / temple, based on a complaint, disciplinary

proceedings was initiated against him and he was suspended from service

on 24.11.2016. Since, for almost six years, no progress seems to have been

https://www.mhc.tn.gov.in/judis W.A.No.424 of 2023

made in conducting the disciplinary proceedings, the appellant filed a writ

petition in WP.No.25762 of 2021 seeking a direction to the respondent

authorities to reinstate him in service with all attendant benefits and to pay

the arrears of salary from 01.11.2016 to 23.11.2016 and subsistence

allowance from 24.11.2016 along with interest. After hearing the

submissions, the learned Judge by order dated 09.09.2022 disposed of the

said writ petition by directing the authorities to complete the disciplinary

proceedings within a period of three months from the date of receipt of a

copy of that order, failing which, suspension order of the appellant should

be revoked and the appellant would be reinstated in service. Stating that the

learned Judge did not pass any order about the payment of arrears of salary

and subsistence allowance, the appellant has filed the present writ appeal,

challenging the order so passed in the writ petition.

2. Today, when the matter was taken up for hearing, the learned

Additional Government Pleader appearing for the respondents, on

instructions, submitted that subsequent to the filing of this writ appeal, final

order came to be passed in the disciplinary proceedings on 11.08.2023,

https://www.mhc.tn.gov.in/judis W.A.No.424 of 2023

thereby, removing the appellant from service and hence, nothing survives

for further adjudication in this appeal.

3. The aforesaid submission made on the side of the respondent

authorities has been fairly conceded by the learned counsel for the appellant

/ writ petitioner. However, the learned counsel sought liberty to the

appellant to approach the authority concerned for appropriate relief,

including payment of subsistence allowance for the suspension period, etc.

4. Granting such liberty to the appellant, this writ appeal stands

disposed of. No costs.

[R.M.D.,J.] [M.S.Q., J.] 22.08.2023 Index: Yes / No Speaking order/ Non-speaking order Neutral Citation: Yes / No nsd

https://www.mhc.tn.gov.in/judis W.A.No.424 of 2023

To

1.The Principal secretary to Government The Tourism, Culture and Religious Endowment Department Secretariat, Fort St George, Chennai 09

2.The Commissioner The Tamil Nadu Hindu Religious and Charitable Endowments Department Mahatma Gandhi Road Nungambakkam, Chennai 34

3.The Joint Commissioner The Tamil Nadu Hindu Religious and Charitable Endowments Department No.11/20, Thangavelar street Kancheepuram 631 501

4.The Assistant Commissioner The Tamil Nadu Hindu Religious and Charitable Endowments Department, Collector Office Premises Kancheepuram 631 501

5.The Executive officer Arulmigu Kandhaswamy Thirukoil Thiruporur, Chengalpet District 603110

https://www.mhc.tn.gov.in/judis W.A.No.424 of 2023

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd

W.A.No.424 of 2023

22.08.2023

https://www.mhc.tn.gov.in/judis