S.Marudayan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.18222 of 2020 S.Marudayan ...Petitioner VS 1 The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai -34.
2 The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore -18.
3 The Deputy Commissioner, Arulmigu Patteeswarar Swamy Temple, Perur, Coimbatore -641 010.
4 The Assistant Commissioner/Executive Officer, Arulmigu Patteeswarar Swamy Temple, Perur, Coimbatore -641 010. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st Respondent to consider the representation of the petitioner dated 28.10.2020 and pass such further or other orders as such this Honourable Court may deem fit and proper in the circumstances of the case.
For Petitioner :
Mr.K.Balasubramaniam For Respondent :
Mr.R.Venkatesh, Government Advocate-R1 to R3 Mr.R.Bharanidharan-R4
O R D E R
Mr.R.Venkatesh, learned Government Advocate accepts notice for R1 to R3 and Mr.R.Bharanidharan, learned counsel accepts notice for R4.
2. The petitioner holds a license for two shops given through public auction held on 19.06.2019. The shops, dealing in pooja articles, are situated in the vicinity of the Arulmigu Patteeswarar Swamy Temple, Perur, Coimbatore. The period of license is from 01.07.2019 to 30.06.2020. The temple was not opened to the public during the period of lock down imposed by the Government on account of Covid pandemic. Further reference to this may not be material for the purpose of this Writ Petition.
3. Suffice it to say that the petitioner has filed a representation before R1 on 28.10.2020 putting forth certain requests. Normally I would be of the view that that the representation itself having been filed only on 28.10.2020, this writ petition, filed on 24.11.2020, is premature
4. However, learned counsel who have accepted notice for the respondents, on instructions, do not have any serious objection to a direction by this Court that R1 consider the representation of the petitioner after hearing him and pass orders there upon within a period of six (6) weeks from today. I order accordingly. This order does not in any way touch upon the merits of the matter and the Commissioner is entirely at liberty to consider the representation and pass orders as he may think fit, in accordance with law.
5. With the aforesaid directions, this writ petition is disposed. No costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Ska/rkp
To 1 The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai -34.
2 The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore -18.
3 The Deputy Commissioner, Arulmigu Patteeswarar Swamy Temple, Perur, Coimbatore -641 010.
4 The Assistant Commissioner/Executive Officer, Arulmigu Patteeswarar Swamy Temple, Perur, Coimbatore -641 010.
+1cc to Government Pleader, Advocate SR.No.40602 W.P. No.18222 of 2020 MJB(CO) RN(18/12/2020)