Madras High Court
A.Kalidoss vs The Joint Commissioner / Executive ... on 15 September, 2017
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B E F O R E T H E MADU R AI B E N C H O F MADRA S HIGH C O U RT
DAT E D : 0 5 . 0 3 . 2 0 2 0
C O R AM:
THE HONOURABLE MR. J U S T I C E C . V. K A RT HI K E YA N
Writ P e tition (MD). N o. 2 3 0 7 1 o f 2 0 1 7
and
W.M. P.(MD). N o. 1 9 3 8 1 o f 2 0 1 7
A.Kalidoss ... Petitioner
Vs.
1.The Joint Commissioner / Executive Officer,
Arulmigu Dandayuthapaani Swami Tirukovil,
Palani,
Pin 624 601.
2.The Manager,
Arulmigu Dandayuthapanni Swami Tirukovil,
Palani,
Pin 624 601.
3.The Superintendent,
Tonsuring (Mudi) Section,
Arulmigu Dandayuthapaani Swami Tirukovil,
Palani,
Pin 624 601. ... Respondents
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P r a y e r : Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records pertaining
to the impugned order dated 15.09.2017 passed by the first respondent in
Na.Ka.No.2136/2012/A6 and set aside the same and further direct the
respondents to grant license on tonsuring (mudi eduthal) in favour of the
petitioner.
For Petitioner : Mr.V.Rajiv Rufus
For Respondents : Mr.V.R.Shanmuganathan
Special Government Pleader
O R DE R
The petitioner had earlier filed a writ petition in W.P.(MD).No.13692 of
2017, in the nature of Mandamus seeking to consider his representation,
dated 28.04.2017.
2. The petitioner's cousin brother is now engaged as a barber in
Arulmigu Dandayuthapaani Swami Tirukovil at Palani. The said post is
necessary for the said temple and very essential. The petitioner had already
filed a writ petition seeking consideration of his representation, by which
representation, he sought transfer of the existing licence given to his cousin
brother K.Karthick to the petitioner herein. This Court, by order dated
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01.08.2017, had directed the respondents to consider the representation.
Any administrative order in the nature of consideration of a representation
should be passed, on the basis of following the principles of natural justice.
This would also involve, removal of any bias on the Officer, who passes the
administrative order and thereafter, issuing notice to the concerned parties,
offering an opportunity of being heard and thereafter, passing an order
based on reasons.
3. Unfortunately, it is pointed out by the learned counsel for the
petitioner, the impugned order has been passed without issuing notice. The
petitioner has not been heard. His cousin brother K.Karthick has not been
heard. However, a decision has been taken rejecting his representation. Such
decision naturally has to be interfered with by this Court. However, an
opportunity is granted once again to the first respondent, Executive Officer,
Arulmigu Dandayuthapaani Swami Tirukovil at Palani, to, invite both the
petitioner and his cousin brother K.Karthick, examine the representation,
record their submission and then pass a detailed order, keeping in mind the
fact that the post of barber is essential for the temple and more particularly,
retaining people, who are traditionally involved in such trade as barber for
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the temple would also beneficial not only for the temple, but also to the
pilgrims and to encourage such people to continue in that trade. Orders to
be passed once again on or before 31.03.2020. In the first instance, notice
may be issued for the appearance of the parties and his cousin brother
K.Karthick before the first respondent, on 13.03.2020.
4. With the above direction, the writ petition is disposed of. No costs.
Consequently, the connected Miscellaneous Petition is closed.
0 5.0 3.2 0 2 0
N o t e : Issue order copy on 09.03.2020.
akv
To
1.The Joint Commissioner / Executive Officer,
Arulmigu Dandayuthapaani Swami Tirukovil,
Palani,
Pin 624 601.
2.The Manager,
Arulmigu Dandayuthapanni Swami Tirukovil,
Palani,
Pin 624 601.
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3.The Superintendent,
Tonsuring (Mudi) Section,
Arulmigu Dandayuthapaani Swami Tirukovil,
Palani,
Pin 624 601.
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C . V. K A RT HI K E YA N , J.
akv Writ P e tition (MD). N o. 2 3 0 7 1 o f 2 0 1 7 0 5. 0 3. 2 0 2 0 http://www.judis.nic.in 7 The writ petitioner E.Rajamani is a senior citizen, aged about 70 years. She has filed the present writ petition in the nature of Mandamus, seeking a direction against the first and second respondents viz., Zonal Manager and the Branch Manager of State Bank of India, Tirunelveli District, not to debit any amount out of the monthly pension amount of the petitioner in SB.Account No.30202332047, in the second respondent Branch and for a consequential direction to the second respondent to refund the amount already debited.
2. In the affidavit filed in support of the writ petition, the petitioner had stated that she is receiving monthly pension from the Government of Tamil Nadu, in view of recognisition of service as a teacher and the said http://www.judis.nic.in 8 pension amount is credited on Savings Bank Account in State Bank of India Tirunelveli District in SB.Account No.30202332047. The second respondent appears to have debited a sum of Rs.11,000/- on , another Rs.11,000/- on 30.10.2019 and similar sums of Rs.11,000/- on 30.11.2019, 30.12.2019 and 30.01.2020 from the pension amount paid by the Government. The pension amount is paid as a recognisition of service rendered by the public servant. It is actually paid from and out of the salary, which was paid to the public servant. It is recognisition of the service and it has to be used for necessary expenses owing to illness or old age post retirement. But the said pension amount cannot be subject matter of any attachment. However, the second respondent herein appears to have debited the aforesaid amounts from the pension amount of the petitioner herein.
The reason why the second respondent did say so that they had advanced a loan of Rs.50,000/- to the petitioner. ..
that the third respondent viz., State Bank of India, Puliyangudi Branch, Taluk in Tirunelveli District had advanced a loan of Rs.50,000/- to the petitioner in the year 2006. The petitioner claims that the said loan has been waived by the Government. These are issues which should have been http://www.judis.nic.in 9 enquired into and thereafter, the second respondent could have persuaded the petitioner herein either to repay the amount or effect the loan have been waived similarly waive the loan amount. Without adopting of any of such procedure, the second respondent herein has debited the aforesaid loan from the pension amount.
Naturally, a direction necessarily have to be issued to the second respondent to refund the aforesaid amount already debited from the pension amount of the petitioner in SB.Account No.30202332047. The reversing entry has to be effected within a period of 7 days from the date of receipt of a copy of this order.
The petitioner may also go to the office of the third respondent viz., P Branch, State Bank of India, on 20.03.2020, and sit across with the Branch Manager and explain to the Manager about any waiver of the loan and the Branch Manager may also afford an opportunity of personal hearing and thereafter a decision can be taken by the respondents with respect to the loan availed by the petitioner.
With the above observation, the writ petition is disposed of. http://www.judis.nic.in 10 The petitioner, aggrieved by the notice issued on 25.01.2020, by the 5th respondent Assistant H.R.& C.E., Thiruvanaikaval, Srirangam, Trichy. By the said notice of 5th respondent, had invited applications for consideration as appointment as non-hereditary trustees for which poojari Thiru. Temple which is situated within the compound of Kamatchiamman Temple Taluk, Trichy. This notice is strongly objected to by the petitioner stating that there is an earlier scheme degree which regulates the administration of the Kamatchi Amman Temple. However, it is stated that the petitioners are the hereditary trustee of the temple which is situated in the very same compound. The sixth respondent is Executive Officer the 5ht respondent http://www.judis.nic.in 11 Assistant to file a counter affidavit stating that the basis under which he had issued the notice now mentioned in the writ petition. The petitioners, if they feel proper and may file necessary application under Section 63(b) of the H.R.C.E. Act before the appropriate authority .
For filing counter by the time 27.03.2020.
No further action be taken pursuant to the notice impugned before this Court, till specific orders are passed.
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