B.Manoj Kumar, v. The Assistant Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.NO.30608 OF 2017 B.Manoj Kumar ... Petitioner .Vs.
1. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Kancheepuram-631 502, Kancheepuram District.
2. The Executive Officer, Arulmighu Ekambaranathar Thiru Koil, Hindu Religious and Charitable Endowments Department, Kancheepuram - 631 502, Kancheepuram District.
... Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 07.10.2017 submitted with regard to grant of lease in respect of the property bearing Door No.118, situate in S.No.2347, Salai Street, Kancheepuram and pass appropriate orders within time limit stipulated by this Hon'ble Court and pass such further order.
For Petitioner : Mr.J.Lakshmi Narayanan For Respondent :
Mr.NRR.Arun Natarajan Government Advocate For R1 Mr.R.Bharanidharan For R2
ORDER
Mr.J.Lakshmi Narayanan, learned counsel for writ petitioner, Mr.NRR.Arun Natarajan, learned State counsel for first respondent and Mr.R.Bharanidharan learned counsel for second respondent (Executive Officer of the Temple) are before this Virtual Court.
2. Prayer in the captioned writ petition is a simple mandamus. The prayer is to mandamus the respondents to consider and dispose of writ petitioner's representation dated 07.10.2017.
3. This Court is informed in one voice in unison by all the aforementioned learned counsel that the aforementioned representation has since been disposed of on 19.12.2017 by the first respondent. Learned counsel for writ petitioner confirms that he has received the proceedings dated 19.12.2017 disposing of his representation. This is the end of the road for the captioned writ petition as the prayer has been answered in the affirmative. However, this Court deems it appropriate to exercise its powers under Article 226 under the residuary limb of the prayer i.e., prayer which seeks to pass such further order or orders as this Court may deem fit and proper in the facts and circumstances of the case. To be noted, this is owing to the obtaining fact situation that is brought to the notice of this Court .
Learned counsel on both sides submit that the first respondent disposed of the representation of the writ petitioner saying that the property in which writ petitioner was a lessee (subsequently possession handed over by writ petitioner to temple) can not be given to the writ petitioner bypassing the public auction process.
4. Be that as it may, learned counsel for writ petitioner, on instructions, submits that public auction has not been conducted as of today. There is no disputation that while disposing of the representation, first respondent has made it clear that the writ petitioner can also participate in the public auction as he is not disqualified in any manner.
5. This Court is of the considered view that it is appropriate that the income of the temple is augmented by conducting public auction or ensure that the property yields income in any other manner rather than be kept idle as this Court is parens patriae qua temple properties, idol being of minor status in law and this Court being the guardian. This Court deems it appropriate to add this observation as the captioned writ petition is one for a simple mandamus, but there shall be a further directive to conduct auction in accordance
with law qua demised shop as expeditiously as possible and in any event within 12 weeks from today i.e., on or before 01.12.2021.
6. Captioned writ petition disposed of with above directive. There shall be no order as to costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gpa/tri To
1. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Kancheepuram-631 502, Kancheepuram District.
2. The Executive Officer, Arulmighu Ekambaranathar Thiru Koil, Hindu Religious and Charitable Endowments Department, Kancheepuram - 631 502, Kancheepuram District.
+1cc to Mr.J.Lakshmi Narayanan, Advocate, S.R.No.45477 +1cc to the Special Government Pleader(HR & CE), S.R.No.45993 W.P.NO.30608 OF 2017 NR(CO) PBS/28/09/2021