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Madras High CourtWP(MD)/7395/2019disposed of

Fashions Rep Through v. The Joint Commissioner/

2019-04-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.7395, 7396, 7397, 7398, 7399, 7400 and 7401 of 2019 and W.M.P.(MD)Nos.5911 to 5924 of 2019 FASHIONS REP THROUGH ITS PARTNER S.KANNAN, SHOP.NO.200, EAST CHITRAI ST.,MADURAI.1.

... Petitioner in WP(MD). 7395/ 2019 JEYASHREE, W/O.LATE. S.R. SUBRAMNAIAN, SHOP. NO.166-166A, AMMAN SANNATHI STREET, MADURAI-1 ... Petitioner in WP(MD). 7396/ 2019 KARIM STORES, REP. THROUGH ITS PROPRIETOR M.JAFAR SULTHAN IBRAHIM, S/O.E.M. MUSATAFFA, SHOP NO. 168-169, EAST CHITRAI STREET, MADURAI-1 ... Petitioner in WP(MD). 7397/ 2019 UDHAYKUMAR, S/O.LATE.JEYASINGH SHOP NO. 107-108, EAST CHITRAI STREET, MADURAI-1 ... Petitioner in WP(MD). 7398/ 2019 M.SANTHARAM, S/O.MANICKAM CHETTIAR, D.NO.94 , ATCHAYA MANDAPAM, MADURAI-1 ... Petitioner in WP(MD). 7399/ 2019

A.VIJAY BABU, S/O.V.ARUMUGAM, SHOP.NO.106, EAST CHITRAI ST, MADURAI-1 ... Petitioner in WP(MD). 7400/ 2019 DURAIPANDI S/O. V.RAJU PILLAI, SHOP NO. 103-104, EAST CHITRAI ST.,MADURAI.1. ... Petitioner in WP(MD). 7401/ 2019 - Vs. - THE JOINT COMMISSIONER/ EXECUTIVE OFFICER, ARULMIGU MEENAKSHI SUNDRARESWARAR TMPLE, MADURAI ... Respondent in all Writ Petitions Prayer in WP(MD). 7395/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the petitioners right of privacy in violation of Article 21 of the Constitution of India and contrary to the order dated 24.07.2018 pass in WP(MD) No. 13556/2018.

Prayer in WP(MD). 7396/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the petitioners right of privacy in violation of Article 21 of the Constitution of India and contrary to the order dated 24.07.2018 passed in WP(MD) No. 13557/2018.

Prayer in WP(MD). 7397/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the petitioners right of privacy in violation of Article 21 of the Constitution of India and contrary to the order dated 24.07.2018 passed in WP(MD) No. 13557/2018.

Prayer in WP(MD). 7398/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the

petitioners right of privacy in violation of Article 21 of the Con titution of India and contrary to the order dated 24.07.2018 pa sed in WP(MD) No. 13566/2018.

Prayer in WP(MD). 7399/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the petitioners right of privacy in violation of Article 21 of the Constitution of India and contrary to the order dated 24.07.2018 passed in WP(MD) No.13561/2018.

Prayer in WP(MD). 7400/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the petitioners right of privacy in violation of Article 21 of the Constitution of India and contrary to the order dated 24.07.2018 passed in WP(MD) No.13567/2018.

Prayer in WP(MD). 7401/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent to remove the flex board placed at the entrance of Arulmigu Meenakshi Sundareswarar Temple, Madurai affecting the petitioners right of privacy in violation of Article 21 of the Constitution of India and contrary to the order dated 13.11.2018 pass in WP(MD) No. 17649/2018.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.V.R.Shanmuganathan COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioners are tenants under the respondent temple. The respondent enhanced the lease rent payable by the writ petitioners. The writ petitioners herein questioned the same. This Court relegated the writ petitioner to move the Commissioner, Hindu Religious and Charitable Endowments. But then, the petitioners were put on terms.

3.The learned counsel for the writ petitioners fairly states that the order passed by this Court have been complied with in toto by the writ petitioners herein.

4.The learned standing counsel appearing for the temple seeks time to get instructions.

5.I am of the view that there is no need to adjourn the proceedings for this reason. If the petitioners have complied with the orders passed by this Court, they obviously cannot be characterized as defaulters. The petitioners are running their businesses and that would certainly affect their reputation and image if the respondent is referring the petitioners as defaulter in the flex board near the temple.

6.I find the petitioner's request to be reasonable and therefore the respondent is directed to delete the names of the writ petitioners from the petition mentioned flex board, if the petitioners have complied with the earlier order passed by this Court. This shall be done within a period of two days from today (22.04.2019).

7.Accordingly, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) pnn To The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Madurai.

SP 23/04/2019 4P 2C W.P.(MD)Nos.7395, 7396, 7397, 7398, 7399, 7400 and 7401 of 2019 22.04.2019