Madurai Pudhumandapam Viyabarikal And v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022
CORAM
THE HONOURABLE MR. JUSTICE C.SARAVANAN and W.M.P.(MD)No.2940 of 2022 Madurai Pudhumandapam Viyabarikal and Thaiyal Thozhilarkal Sangam, Rep. by its President, Amman Sannathi, Madurai - 625 011.
.. Petitioner
Versus
1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Commissioner, Madurai Corporation, Anna Maligai, Madurai.
3.The Joint Commissioner cum Executive Officer, Arul Migu Meenaksi Sundareswarar Temple, Madurai.
4.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.
.. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 3 and 4 from forcing the members of the petitioner's Association to shift their shops from Pudhumandapam to newly constructed shops in Kunnathur Champion Chathiram without providing electricity connection with basis amenities and consequently, direct the respondents to provide electricity connection to the Kunnathur Champion Chathiram within a stipulated time as fixed by this Court so as to enable the members of the petitioner's association to shift their shops.
1/3
For Petitioner :
Mr.V.Paneer Selvam For R1 and R4 :
Mr.P.Subbaraj Special Government Pleader For R2 :
Mr.P.Athimoolapandian For R3 :
Mr.VR.Shanmuganathan
ORDER
After hearing the learned counsel on either side, this Writ Petition is disposed of inasmuch as the respondents have given electricity connection for 14 shops in respect of which, there was a proposal to vacate 14 persons against whom shops have been allotted in the nearby property in Kunnathur Champion Chathiram. It is submitted that the respondents have resorted to cherry picking by asking only few persons to shift out without giving electricity. It is further submitted that all the allottees should be shifted at the same time.
2.The learned counsel for the third respondent submits that pursuant to the decision taken in the Peace Committee meeting, the Corporation of Madurai had taken a decision to built complex for rehabilitating small vendors, who have allowed to operate within the Temple precincts and about 160 shops have been constructed sand the allotment is over.
3.It is submitted that, as of now, electricity connection has been given for 14 shops and as and when the other shops are given electricity connection, others will be asked to vacate and occupy the new shops.
4.Recording the above submissions, this Writ Petition is disposed of. No costs. The respondents are directed to ensure all the remaining 146 shops are also electrified and made ready within 30 days and occupied, as others are also shifted thereafter, as otherwise the footfall in these 14 shops will be less and expose the members of the petitioner to unintended pecuniary/monetary loss. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 2/3
To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Commissioner, Madurai Corporation, Anna Maligai, Madurai.
3.The Joint Commissioner cum Executive Officer, Arul Migu Meenaksi Sundareswarar Temple, Madurai.
4.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.
+1 CC to M/s.SPL GP ( SR-7741[F] dated 22/02/2022 ) +1 CC to M/s.V.PANNEER SELVAM, Advocate ( SR-7891[F] dated 22/02/2022 ) WP (MD) No.3365 of 2022 21.02.2022 RK(03/03/2022) 3P 7C 3/3