Kulandaivel, v. The Joint Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.10290 and 10293 of 2019 and W.M.P.(MD)Nos.7929 and 7932 of 2019 Kulandaivel ... Petitioner in W.P.(MD)No.10290 of 2019 K.Manjula ... Petitioner in W.P.(MD)No.10293 of 2019 Vs 1.The Joint Commissioner, Department of Hindu Religious and charitable Endowments, Trichy.

2.The Thakkar / Executive Officer, Arulmighu Bathrakaliamman Temple, Mattaparai, V.Periyapatty Post, Manaparai Taluk, Trchy District.

... Respondents in both writ petitions PRAYER in W.P.(MD)No.10290 of 2019 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby direct the respondents to re-allot the shop No.3, Arulmighu Bathrakaliamman Temple, Mataparai, V.Periyapatty Village, Manaparai Taluk, Trichy District to the petitioner at once. PRAYER in W.P.(MD)No.10293 of 2019 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby direct the respondents to re-allot the shop No.2, Arulmighu Bathrakaliamman Temple, Mataparai, V.Periyapatty Village, Manaparai Taluk, Trichy District to the petitioner at once. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Mu.Muthu Additional Government Pleader (in both writ petitions) COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioners are occupants of the shops belonging to the second respondent temple. The lease was cancelled by the second respondent pursuant to the circular dated 07.06.2018 issued by the Commissioner, Hindu Religious and Charitable Endowments Department, https://hcservices.ecourts.gov.in/hcservices/

Chennai. The said circular has since been set aside by the Hon'ble Supreme Court. The petitioners therefore want re-allotment of the old place or any other alternative place that is near. In that regard, the petitioner has given an appeal and the same was returned by the first respondent by order dated 19.02.2019. 3.The first respondent is directed to consider the petitioners' petitions and pass appropriate orders on merits and in accordance of law within a period of four weeks from the date of receipt of a copy of this order.

4.Accordingly, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Joint Commissioner, Department of Hindu Religious and charitable Endowments, Trichy.

2.The Thakkar / Executive Officer, Arulmighu Bathrakaliamman Temple, Mattaparai, V.Periyapatty Post, Manaparai Taluk, Trichy District.

+2 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-63575 & 63579[F] dated 27/04/2019 ) +2 CC to M/s.SPL GP ( SR-64005[F], 64004[F] dated 29/04/2019 ) W.P.(MD)Nos.10290 and 10293 of 2019 and W.M.P.(MD)Nos.7929 and 7932 of 2019 CS: 14/05/2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/