Allowed

A.K.Akilandeswar, v. the Secretary to Government

Madras HC25 Oct 2019WP(MD)/13941/2019

Case brief

AI extract

What is this about?

A single bench of the Madurai Bench of the Madras High Court allowed a writ petition seeking quashing of an order dated 13.05.2019 directing the fourth respondent to recover an amount. The court held the order was invalid as the underlying surcharge proceedings order was set aside in a separate writ petition.

What did the court decide?

The impugned order dated 13.05.2019 of the first respondent was set aside and the writ petition was allowed.

A.K.Akilandeswar, Vs the Secretary to… — Pension and Retirement Benefits | Madras HC (2019)

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W.P.(MD) No.13941 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019 CORAM:

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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W.P.(MD) No.13941 of 2019

A.K.Akilandeswar

... Petitioner

-Vs-

The Secretary to Government of Tamil Nadu,

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Tourism, Culture and Religious

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Endowments Department,

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Secretariat, St.Fort George,

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Chennai-600 009.

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The Commissioner,

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Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai,

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Thousand Lights West, Nungambakkam,

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Chennai-600 034.

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The Joint Commissioner,

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Hindu Religious and Charitable Endowments Department, Thanjavur.

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The Joint Commissioner,

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Hindu Religious and Charitable Endowments Department, Sivagangai.

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The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Paramakudi, Ramanathapuram District.

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The Principal Accountant General,

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(Accounts and Entitlements) Tamil Nadu,

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361, Anna Salai, Chennai-600 018.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned proceedings in Na.Ka.No.62903/2015/ltd 1- 3/, dated 13.05.2019 issued by the first respondent herein and quash the same.

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For Petitioner : Mr.S.Manikandan

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For R1 to R5 : Mr.V.R.Shanmuganathan, Special Government Pleader.

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(*)For R6 : Mr.P.Gunasekaran

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https://hcservices.ecourts.gov.in/hcservices/

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1/3

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W.P.(MD) No.13941 of 2019

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ORDER

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The order of the first respondent dated 13.05.2019, directing the fourth respondent to recover the amount from the petitioner, as per the order passed in the surcharge proceedings, is sought to be quashed in the Writ Petition.

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2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 5 and perused the materials available on record carefully.

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3.This Court, by the order dated 03.10.2019, has allowed the Writ Petition in W.P.(MD)No.12413 of 2019 filed by the petitioner to set aside the order passed in surcharge proceedings, which was confirmed in the Writ Appeal. In view of the same, the order passed in the surcharge proceedings is no longer in force. Therefore, the impugned order dated 13.05.2019, directing the fourth respondent to recover the amount from the petitioner, is invalid. Therefore, the impugned order of the first respondent, dated 13.05.2019, is set aside.

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4.For the above reasons, this Writ Petition stands allowed. No costs.

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Assistant Registrar (CS-III)

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(*) Amended as per order of this Hon'ble Court dated 29.11.2019

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Assistant Registrar (CS-II) // True Copy //

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Sub Assistant Registrar(CS )

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(*) to be substituted the order already despatched on 12.11.2019

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The Secretary to Government of Tamil Nadu, Tourism, Culture and Religious

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Endowments Department,

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Secretariat, St.Fort George, Chennai-600 009.

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The Commissioner,

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Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai,

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Thousand Lights West, Nungambakkam, Chennai-600 034.

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https://hcservices.ecourts.gov.in/hcservices/

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2/3

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W.P.(MD) No.13941 of 2019

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The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.

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4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

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5.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Paramakudi, Ramanathapuram District.

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+1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-94580[F] dated 25/10/2019 )

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W.P.(MD)No.13941 of 2019 25.10.2019

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MYR MK (11.11.2019) 3P 7C TR (10.12.2019) 3P 7C

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https://hcservices.ecourts.gov.in/hcservices/

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A.K.Akilandeswar, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

A.K.Akilandeswar, v. the Secretary to Government

Case brief

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