THE HONOURABLE SRI JUSTICE G. NARENDAR AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

W.P.Nos.23424 of 2020, 16409, 19595, 26689, 28978 of 2021, 12210, 26783, 26784, 26785, 26943, 27576, 29870, 28947, 28949, 28950, 28953, 28958, 31574, 31575, 31578, 31580, 31586, 33349, 33351, 33396, 38237, 38238, 38248 of 2022, 1618, 12177, 12532, 14345, 16813, 20419, 22242, 23010 and 30065 of 2023

COMMON ORDER: (Per Hon'ble Sri Justice G.Narendar)

1. Heard learned counsel for the petitioners and the learned counsel appearing for the respondents.

2. All the Writ Petitions are taken up for disposal by this Common Order as they lie in a very narrow compass and with the consent of all the counsels, the writ petitioners were heard for disposal.

3. The petitioners uniformly claim that they have been employed in various posts on Daily Wage Basis/NMR and Contractual Basis. The dates of engagement and the period of engagement are different and the petitioners are seeking claim for regularization on account of long period of service rendered by them.

4. Having heard the learned counsel on both sides, this Court is of the considered opinion that marshalling and commission of facts could be of critical importance in order to settle the factual parameters of the claims, which in our considered opinion, the Courts in exercising power under Article 226 of the Constitution of India are ill-equipped to do. This Court has suggested that such an exercise of fact finding be carried out by an authority and suggested that the Commissioner of Endowments would be the appropriate authority to appreciate the facts with the back ground of the Endowments Act and the Law. The petitioners are claiming engagement with different Temples in the State, but admittedly under the supervision of the Endowments Commissioner.

5. In that view of the matter, we are of the considered opinion that it would be in the interest of the party that the matter be relegated to the 2 nd respondent to adjudicate the claims of the petitioners. The Writ Petitions shall be treated as representations. The 2nd respondent shall issue notice of hearing to all the concerned petitioners within one (1) week from the date of receipt of a copy of this order and shall thereafter fix the date of hearing and endeavour to complete the hearing and pass a speaking order and thereby dispose of the claims of the petitioners within an outer limit of six (6) months.

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6. The Writ Petitions stand disposed of accordingly. The 2nd respondent shall endeavour to dispose of the claims without seeking for any further extension of time.

There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.

__________________ JUSTICE G. NARENDAR

_____________________ JUSTICE NYAPATHY VIJAY

Date: 27.02.2024

IS/KLP

HONOURABLE SRI JUSTICE G. NARENDAR

AND

HONOURABLE SRI JUSTICE NYAPATHY VIJAY

W.P.Nos.23424 of 2020, 16409, 19595, 26689, 28978 of 2021, 12210, 26783, 26784, 26785, 26943, 27576, 29870, 28947, 28949, 28950, 28953, 28958, 31574, 31575, 31578, 31580, 31586, 33349, 33351, 33396, 38237, 38238, 38248 of 2022, 1618, 12177, 12532, 14345, 16813, 20419, 22242, 23010 and 30065 of 2023

Date: 27.02.2024

IS/KLP