Madras High CourtWP(MD)/17312/2015dismissed as infructuous

S. Seenivasan v. The Commissioner

2019-04-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17312 of 2015 and M.P.(MD)No.1 of 2015 S.Seenivasan ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli.

3.The Assistant Commissioner Cum Executive Officer, Ponpozhi Thirumalai Kumaraswamy Thirukkovil, Tirunelveli District.

4.The Thakkar / Executive Officer, Arulmigu Lakmananarayana Perumal ThiruKovil, Thalapathysamudram, Keelur, Nanguneri Taluk, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent in his proceedings Na.Ka.No.15974/2015/B3-1 dated 10.09.2015 and quash the same.

For Petitioner : Mr.V.Selva For Respondents : Mr.M.Karuppasamy Government Advocate for R1 & R2 : Mr.S.Manohar for R3 : Mr.K.Sathiya Singh for R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The subject matter pertains to holding of tender for leasing out the land belonging to the fourth respondent temple. The tender process culminated in favour of the writ petitioner. It was alleged that the tender process was vitiated by certain irregularities and complaints were received. In fact, W.P.(MD)No.9582 of 2015 came to be filed questioning the tender process itself. The first respondent by order dated 10.09.2015 cancelled the entire tender process. Questioning the same, this writ petition came to be filed. The writ petitioner was not granted any order of interim stay and only an order of status quo was given.

2.Today when the matter was taken up for final disposal, the petitioner's counsel prayed for adjournment on the ground that he needs to get instruction from his client. This Court is not inclined to accept the said request. It is for the reason that the period for which the tender process has been issued was for three years, that is 08.04.2015 till 07.04.2018. We are now on 08.04.2019. The period for which the tender process was issued itself has long since expired. Therefore nothing survives for further adjudication. This writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AE) // True Copy // Sub Assistant Registrar(CS ) To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli.

+1 CC to M/s.V.SELVA, Advocate in SR-59710 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.59906 W.P.(MD)No.17312 of 2015 08.04.2019 (3/3) ias PK/25.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/