LAWS(MAD)-2004-11-176

K S GANAPATHYA PILLAI Vs. DEPUTY COMMISSIONER

Decided On November 01, 2004
K.S.GANAPATHYA PILLAI Appellant
V/S
DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) THE appeal is directed against the order dated 12. 10. 2000 made in Writ Petition No. 21075 of 1993 dismissing the writ petition filed by the appellant herein.

(2.) IN brief, the appellant/writ petitioner made a challenge to the proceedings of the first respondent dated 21. 11. 1993, whereunder a disciplinary action was initiated against the petitioner under Section 53 (1) (c) and (2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the 'act') for certain alleged misconducts and irregularities and certain charges were framed thereunder. Consequently, by an even dated proceedings, the first respondent also appointed a Fit Person to manage the affairs of Arupathu Moovar Annathana Chathram, Tirunelveli. While the said proceedings dated 21. 11. 1993 were challenged by the appellant/writ petitioner, this Court granted interim stay in favour of the appellant/writ petitioner and the same was in force till the writ petition was dismissed by the learned single Judge, by an order dated 12. 10. 2000, giving liberty to the appellant/writ petitioner to give a written representation to the first respondent challenging the jurisdiction and directing the first respondent to pass appropriate orders on the same.

(3.) AGGRIEVED by the said order dated 12. 10. 2000, the writ petitioner/appellant has preferred the above writ appeal against the proceedings of the first respondent dated 21. 11. 1993, and this Court admitted the writ appeal on 17. 01. 2001 and granted interim stay, which was also subsequently made absolute by an order dated 11. 08. 2003. Hence, as on date, the proceedings dated 21. 11. 1993 initiated against the appellant/writ petitioner still continues to be under challenge on the ground of jurisdiction.