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S.Sudharsan v. the Commissioner

HR & CE – Suspension of temple employee

Madras HC23 Jun 2025WP/20131/2025

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What is this about?

Madras High Court, C. Kumarappan J., W.P No.20131 of 2025 (23.06.2025): challenge to suspension order by Assistant Commissioner/Executive Trustee, Sri Devarajaswamy Temple, Kancheepuram; plea that suspension amounted to punishment contrary to Section 56(1) of the Hindu Religious & Charitable Endowment Act, 1959; writ petition closed with directions to complete enquiry within two months and consider representation for revocation of suspension; Article 226 certiorari; HR & CE Department.

What did the court decide?

Writ petition closed (no merits found) with directions to the respondents to conclude the enquiry proceedings within two months and to consider any representation of the petitioner for revocation of the suspension order expeditiously; no costs; connected miscellaneous petitions closed. ¶30

S.Sudharsan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P No.20131 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.06.2025

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CORAM

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THE HONOURABLE MR. JUSTICE C. KUMARAPPAN

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Writ Petition No.20131 of 2025 and Writ Miscellaneous Petition Nos.22704 & 22705 of 2025

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S.Sudharsan ... Petitioner

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..Vs..

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1.The Commissioner, HR & CE Department, Nungambakkam, Chennai-600 034.

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2.The Joint Commissioner, HR & CE Department, A.K.T.Street, Little Kancheepuram – 631 501.

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3.The Assistant Commissioner/Executive Trustee, Sri Devarajaswamy Temple, Kancheepuram – 631 501. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records pertaining to the impugned order bearing Se.Mu.Na.Ka.No.72/1434, dated 10.05.2025, passed by the 3^rd respondent and quash the same as arbitrary, illegal and unconstitutional.

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For Petitioner : Mr.Abhinav Parthasarathy

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1/5

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

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W.P No.20131 of 2025

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For Respondents : Mr.K.Karthikeyan,

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Government Advocate (HR & CE) for RR1 & 2

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M/s.Ba.Nalini For Mr.K.V.Baby for R3

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ORDER

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The present writ petition has been filed with a prayer to quash the impugned order bearing Se.Mu.Na.Ka.No.72/1434, dated 10.05.2025 passed by the 3^rd respondent.

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The learned counsel appearing on behalf of the petitioner would submit that the impugned Suspension Order has been imposed as a punishment which is in contravention to the Section 56 (1) of the Hindu Religious & Charitable Endowment Act, 1959.

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However, the learned Counsels appearing on behalf of the respondents would submit that though the Suspension Order do not reflect that the same was issued in contemplation of an enquiry, on account of certain dereliction of duty on the part of the petitioner, the employee suspension order

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was issued.

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2/5

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

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W.P No.20131 of 2025

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I have given my anxious consideration on either side submission.

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In such view of the clarification given by the learned counsel for the respondents, this Court do not find any merits in the writ petition.

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Recording the said submission made by the learned counsel for the 3^rd respondent, the writ petition is closed. However, this Court direct the respondents to conclude the enquiry proceedings within a period of two (2) months from the date of receipt of a copy of this order. It is the further direction that the respondents are directed to consider the representation of the petitioner if any received for revocation of suspension order as expeditiously as possible. No costs. Consequently, the connected miscellaneous petitions are also stand closed.

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23.06.2024

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ssi Index : Yes Speaking Order : Yes /No Neutral Citation Case: Yes/No

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3/5

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

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W.P No.20131 of 2025

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To: