Telangana High Court

WP/28960/2008 of Tholem Chinna Narsaiah, Vs The Deputy Commissioner, on 31 December 2008

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 28960 of 2008 Between: Tholem Chinna Narsaiah, S/o. late Manikyam, Pujari, Sri

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 28960 of 2008

Between:

Tholem Chinna Narsaiah, S/o. late Manikyam, Pujari, Sri Musalamma Jathara, R/o. Gunjedu, Kothaguda (M), Warangal District.

..... PETITIONER

AND

1 The Deputy Commissioner, Endowment Department, Nakkalagutta, Hanamkonda, Warangal. Hanamkonda, Warangal.

2 The Assistant Commissioner, Endowment Department, Nakkalagutta, Hanamkonda, Warangal. Hanamkonda, Warangal.

3 The Manager, Sri Musalamma Jathara, Gunjedu (V), Kothaguda (M),Warangal District.Warangal District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate Writ, Order or Direction more particularlyone in the nature of Writ of Mandamus, declaring the impugned order ofsuspension Ref.No. SMJ/2008 dt. 13-11-2008 issued by the 3rdrespondent against the petitioner as illegal, arbitrary and violation ofprinciples of natural justice and consequently set aside the same andpass Counsel for the Petitioner:MR.M.SALEEM

Counsel for the Respondent No.: GP FOR ENDOWMENTS

The Court made the following :

O R D E R:-

This writ petition is filed seeking a mandamus to declare the orderof suspension dated 13.11.2008 issued by the 3[rd] respondent against thepetitioner, as arbitrary and illegal.

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The petitioner asserts that he is working as Pradhana Archaka inSri Musalamma Jathara, which was registered under Section 43 of theA.P. Charitable & Hindu Religious Institutions and Endowments Act,1987. Being Pradana Archaka, on the instructions of the respondents, heasked other pujaris to perform pooja but not to allow their family membersincluding ladies to perform pooja as it affects the sanctity and purity of theJathara. Therefore, bearing grudge against the petitioner, the saidpoojaris filed a private complaint against him on the file of Judicial FirstClass Magistrate, Warangal. Then, the petitioner brought to the notice ofthe 1[st] respondent about the false case filed against him. The 1[st] respondent issued an order dated 7.8.2008 directing the 2[nd] and 3[rd]respondents not to allow any third person, except archakas to performpooja. Now, the petitioner’s grievance is that the 3[rd] respondent-Manager, without holding any enquiry and affording any opportunity tohim to put forth his grievance, has placed him under suspension based onthe instructions of the 1[st] respondent vide proceedings dated 13.11.2008.

Heard the learned counsel for both the parties and perused thematerial placed on record.

The suspension order is dated 13.11.2008, and it has been passedon the instructions of the 1[st] respondent. The petitioner, withoutsubmitting any explanation to the said suspension order or withoutmaking any request to the 1[st] respondent to revoke the suspension order,has directly filed the present writ petition on 26.12.2008. However, having regard to the facts and circumstances of the case, and as agreed to by thecounsel for the respective parties, I deem it appropriate to dispose of thewrit petition with the following directions:

“The petitioner is at liberty to make a representation to the 1[st] respondent-Deputy Commissioner seeking revocation of thesuspension order, and if any such representation is made, the 1[st] respondent shall consider the same and pass appropriateorders thereon in accordance with law.”

Accordingly, the writ petition is disposed of. No costs.

______________

N.V.RAMANA, J

31[st] December, 2008

bcj

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