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Madras High CourtWP/2667/2020disposed of

A/M.Muthukumarasamy Temple v. The Executive Officer

2024-09-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Arulmigu Muthukumarasamy Temple, represented by its Executive Officer, Kumaran Koil Street, Parankipeetai Pin-608 502.

... Petitioner -VsThe Executive Officer, Parangipettai Town Panchayat, Parangaipettai, Pin - 608 502.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent herein to consider the petitioner's requests / representations dated 01.07.2019 and 03.07.2019 for license to run weekly shandy on all Thursdays in its property namely in S.No.56/15 at Santhai Kadi Veethi, Parangipettai, Cuddalore District. For Petitioner : Mrs.P.Srividhya For Respondent : Mr.V.Gunasekar for Mr.V.R.Kamalanathan

ORDER

This writ petition has been filed for direction directing the respondent herein to consider the petitioner's requests / representations dated 01.07.2019 and 03.07.2019 for license to run weekly shandy on all Thursdays in its property namely in S.No.56/15 at Santhai Kadi Veethi, Parangipettai,

2. Heard both sides and perused the materials available on record.

3. The petitioner is coming under the control of HR and CE Department. The petitioner temple is represented by the Executive Officer, who was appointed by the HR and CE Department. The petitioner owns land admeasuring 1 acre 70 cents comprised in S.No.56/15 at Santhai Kadi Veethi, Parangipettai, Cuddalore District. A portion of the property was leased out to third parties for their respective residential purpose and collected rent to maintain the temple. The temple also used to conduct weekly market on Thursday and collects toll from the vendors for the purpose of expenses incurred by the petitioner.

4. While being so, the petitioner issued tender notification, dated

28.05.2019 to conduct auction for permission to conduct weekly market. However, it was challenged before this Court in W.P.No.16001 of 2019. The said notification now become infructuous. Simultaneously, the petitioner submitted a representation seeking permission for issuance of license to run weekly market on all Thursdays in the property owned by the petitioner. It is also seen that the petitioner temple is administered by the HR and CE Department.

5. In view of the above, the respondent is directed to issue license to the petitioner to conduct weekly market on all Thursdays in its property namely in S.No.56/15 at Santhai Kadi Veethi, Parangipettai, Cuddalore District with the guidance of the Assistant Commissioner, HR and CE Department, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

19.09.2024 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To The Executive Officer, Parangipettai Town Panchayat, Parangaipettai, Pin - 608 502.

19.09.2024