G.Muthusamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.12761 of 2018 and W.M.P.(MD).Nos.11643 and 11644 of 2018 G.Muthusamy : Petitioner Vs.
1. The District Collector, District Collector's Office, Trichy 1.
2. The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai 34.
3. The Joint commissioner, Hindu Religious and Endowment Board, Ammamandapam Salai, Srirangam, Trichy 6, Trichy District.
4. The Executive Officer, Sri Brammapureeswarar Temple, Having office at Brammapureeswarar Temple, Thiruppathur Village, Manachanallur Taluk, Trichy District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the fourth respondent's proceedings made in Re-Tender/Re General Auction publication notice - Pasali 1428 [Second Call], dated 04.06.2018, quash the same and further direct the fourth respondent to remove the shops situated at inside as well as outside the Brammapureeswarar Temple, Kasiviswanadhar Temple, Arangetra Ayyanar Temple and Varadharajaperumal Temple of Thiruppattur Village, Manachanallur Taluk, Trichy District, in the light of the petitioner's representation dated 15.05.2018 and pass appropriate orders.
For petitioner : Mr.R.Sundar For respondents 1to3 : Mr.M.Rajarajan Government Advocate For Respondent No.4 : Mr.V.Chandrasekar Standing Counsel
O R D E R
*********** [Order of the Court was made by C.T.SELVAM, J.] The petitioner seeks to quash the Re-Tender/Re General Auction publication notice - Pasali 1428 [Second Call], dated 04.06.2018 and further direct the fourth respondent to remove the shops situated inside as well as outside the Brammapureeswarar Temple, Kasiviswanadhar Temple, Arangetra Ayyanar Temple and Varadharajaperumal Temple of Thiruppattur Village, Manachanallur Taluk, Trichy District, in the light of his representation dated 15.05.2018.
2. The learned Standing Counsel for the fourth respondent refers this Court the Re-Tender/Re General Auction publication notice - Pasali 1428 [Second Call], dated 04.06.2018. There is no dispute that the shop premises will be put up outside the Brammapureeswarar Temple, Kasiviswanadhar Temple, Arangetra Ayyanar Temple and Varadharajaperumal Temple of Thiruppattur Village, Manachanallur Taluk, Trichy District. Given such position, re-tender cum re-auction notice informs that in keeping with the decision of this Court, putting up of shop premises will be permitted outside the temples, referred to supra and further at places specified by the temple authorities. The shops are being put up by the lessees by way of sheds, which in turn would imply easily detachable structures, at their cost.
3. Given such position, this Court does not consider it necessary to entertain this Writ Petition. Accordingly, the Writ Petition shall stand closed. No costs. Consequently, connected Miscellaneous Petition are closed.
Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To
1. The District Collector, District Collector's Office, Trichy 1.
2. The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai 34.
3. The Joint commissioner, Hindu Religious and Endowment Board, Ammamandapam Salai, Srirangam, Trichy 6, Trichy District.
+ 1 cc TO Mr.R.Sundar , Advocate in SR No. 71904 + 1 cc TO Mr.V.Chandrasekar , Advocate in SR No. 71772 + 1 cc TO The Special Government Pleader in SR No. 71945 NB AE/SKN RSK/SAR2/23.07.2018/3P/7C ORDER MADE IN W.P.[MD].No.12761 of 2018 09.07.2018