A.Vignesh v. The Assistant Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. A.Vignesh S/o.Arumugam, No.67, West Street, Pootai Village, Sankarapuram Taluk, Kallakurichi- 606 401.
Petitioner(s) Vs
1. The Assistant Commissioner HR&CE, Collectorate Campus, Villupuram, Villupuram District.
2.The Executive Officer HR&CE Perumal Kovil Street, Kallakurichi.
3.The Executive Trustee Arulmigu Mariamman Thirukovil Pootai Village, Sankarapuram Taluk, Kallakurichi- 606 401.
Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the respondents to conduct
the fresh tender after issuance of fresh notification to collect toll from the shop vendors for the temple festival of Arulmigu Mariamman Thirukovil, poottai village, Sankarapuram Taluk, Kallakurichi District, which will be held from 06.08.2025 to 11.08.2025.
For Petitioner(s): Mr.D.Rajagopal For Respondent(s):
Mr.N.R.R.Arun Natarajan Special Government Pleader
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to conduct fresh tender to collect toll from the shop vendors for the temple festival of Arulmigu Mariamman Thirukovil, poottai village, Sankarapuram Taluk, Kallakurichi District, which is held from 06.08.2025 to 11.08.2025.
2.
The same writ petitioner filed WP No.29189 of 2025 before this Court and this writ petition was disposed of by an order dated 04.08.2025 in the following terms :- 2.
When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents produced the written instructions given by the 3 rd respondent. The relevant portions are extracted hereunder :-
மறபட மரரவ ழ வ னமப த அகபபடய ன றக லக கடகள டவதத பப ரடகட வ றபடன ப யவ ரகள. மலம ல, ர ட
லகள டவககபபடட ரவ ழ மக ல கல க நடபபறகறத. இநநடலய ல ப ல 1433 கக ர.1,81,000/- கடறநபட பப த ஏலம மலம றக லக அடககட ஏலம எடததள
ரகள, ஏலம எடத நபரகள அக ப டக வசலத க பப தகக 1ன ஒர ப ரவ னர நரவ கம மலம வசல ப யய மவணடம என பரவ தன அடபபடய ல ப ல 1434 கக ரகமக ய ல நலன கரயம.
நரவ க நலன கரயம ரகமக ய ல நரவ கம மலம ர.2,69,300/- வசல ப யயபபடத.
ஆடகய ன ல ப ல 1435 ககம மரரவ ழ
றக லக அடககட வ டக வசல ரகமக ய ல நரவ கம மலம வசல ப ய மடன ப யயபபடத எனற வ பரம பண வன பரவ ததகபக ள பபடகறத.
3.
It is clear from the above that the 3 rd respondent has now taken a decision that the temple itself will collect the toll for those temporary shops which are going to be permitted around the temple at the time of festival and the earlier decision taken by the trustee calling for a tender has been cancelled. 4.
In the light of the above development, the relief as sought for in the present writ petition cannot be granted and if the petitioner is aggrieved by the decision taken by the respondent, it is left open to the petitioner to work out his remedy in the manner known to law.
3.
Pursuant to the above order, the present writ petition has been filed before this Court for a direction to the respondents to
conduct a fresh tender after issuing a notification. 4.
In the considered view of this Court, the relief as sought for by the petitioner cannot be granted at this stage since the festival has already commenced on 06.08.2025 and coming to an end on 11.08.2025. Therefore, even if the respondents want to conduct an auction, there is absolutely no time left to issue any notification. Hence, the relief as sought for in the writ petition is unworkable and therefore, this Court is not inclined to exercise its discretion under Article 226 of the Constitution of India.
5.
In the result, this writ petition stands dismissed. No costs. 08-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Assistant Commissioner HR And CE, Collectorate Campus, Villupuram, Villupuram District.
2.The Executive Officer Hr And Ce Perumal Kovil Street, Kallakurichi.
3.The Executive Trustee Arulmigu Mariamman Thirukovil Pootai Village, Sankarapuram Taluk, Kallakurichi- 606 401.
N.ANAND VENKATESH J.
rka 08-08-2025