2022 Supreme(Online)(MAD) 14605
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.08.2022 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.19631 of 2022 and W.M.P.No.18939 of 2022 Dr.T.Ganesan ... Petitioner Vs.
1.The Secretary to the Government, (In the rank of Additional Chief Secretary)
Department of Tourism, Culture and Religious Endowments, Government of Tamil Nadu, Fort St.George, Chennai – 600 009.
2.The Principal Secretary and the Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Chennai – 600 034.
3.Mr.Justice A.K.Rajan (Retired)
Retired Judge of Madras High Court, No.5(S-79), 16th Street, Anna Nagar, Chennai – 600 040. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 29.06.2022 and pass appropriate orders as per law within a time frame fixed by this Court by removing the petitioner's name as one of the special invitees mentioned in Annexure II, Serial No.16, Report at Pages 34 and 86 i.e., Tamil and English Versions of the Report who extended their views and suggestions to the said Committee published vide G.O.Ms.No.398 Tamil Development Culture and Religious Endowments Department dated 01.12.2008.
For Petitioner : Mr.N.A.Ravindran For Respondents : Mr.M.Shahjahan Special Government Pleader for R1 Mr.A.Selvendran Special Government Pleader for R2
ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the 1st respondent and Mr.A.Selvendran, learned Special Government Pleader for the 2nd respondent.
2.This writ petition is disposed at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondents.
3.The petitioner appears to be a scholar in Saiva Studies and is currently holding the post of Director of Centre at Saiva Studies attached to the French Institute of Pondicherry. The petitioner has filed this writ petition for a mandamus to direct the 1st and 2nd respondents to delete the petitioner's name from the report of the High Level Committee published in G.O.Ms.No.398 Tamil Development Culture and Religious Endowments Department dated 01.12.2008.
4.It is the case of the petitioner that the petitioner was unaware that the petitioner's name was mentioned in Annexure-II to the said G.O.Ms.No.398 Tamil Development Culture and Religious Endowments Department dated 01.12.2008 as a special invitee. It is submitted that the petitioner does not had subscribe to the view of the High Level Committee i.e, recommendations made therein, therefore the petitioner's name should be removed from the committee report which has been published in the gazette.
5.This writ petition is opposed by the respondents on the ground that the writ petition is liable to be dismissed. It is submitted that report of the special committee which was gazetted by the Government in G.O.Ms.No.398 Tamil Development Culture and Religious Endowments Department dated 01.12.2008, therefore, on this count alone this writ petition is liable to be dismissed of latches.
6.That apart, it is submitted that in the report which has been gazetted the publications, text books and conference papers of the petitioner has been acknowledged and therefore it is too late for the petitioner to wake up and call upon the Government to issue a corrigendum with a view to disassociate himself of the aforesaid report.
7.It is further submitted that the petitioner has last aspection on the committee report which was headed by the Hon'ble Retired judge of this Court and therefore on this count also this writ petition is liable to be dismissed.
8.I have considered the arguments advanced by the learned counsel for the petitioner and the learned Special Government Pleader for the 1st and 2nd respondents.
9.The correctness and content of the report headed by the Hon'ble Retired judge of this Court which has been gazetted on 01.12.2008 cannot be directed to be corrected, a t this distance point of time, after a lapse of almost 14 years. The task given to the Hon'ble Retired judge of this Court has also been accomplished long back with the publications of the aforesaid report and it being gazetted. At the same time, if the petitioner is of the view that his name has been wrongly included in the list of invitees and the petitioner does not subscribes to the views and recommendations in the report of the high level committee headed by the Hon'ble Retired judge of this Court, it is open for the petitioner to disassociate himself from the views expressed therein other areas of his professional life. Therefore, I do not find any merits in the present writ petition. However, it is made clear that in case the petitioner makes such a statement, the respondents shall not initiate any disciplinary proceedings, as there are no records to substantiate that the petitioner was a special invitee bearing a reference in Annexure-II at Serial No.16. It appears that the report is pre-dominantly based on the several text books which were authored by the petitioner. It is open for the petitioner to express his views independently.
10.Accordingly, this writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
03.08.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order jas To
1.The Secretary to the Government, (I