Lakshmanan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2018
CORAM:
THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED W.P.(MD)No.13496 of 2018 and W.M.P.(MD)Nos.12296 and 12297 of 2018 Lakshmanan ... Petitioner Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Block Development Officer, Boothalur Panchayat Union, Boothalur Taluk, Thanjavur District.
3.The Special Officer, Saanoorapatti Panchayat, Boothalur Taluk, Thanjavur District.
... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the auction notice issued by the respondents 2 and 3 for auctioning more than 100 make shift shops scheduled to be held on 27.06.2018 at the third respondent office and quash the same as illegal and consequently direct the respondents 1 to 3 to exempt atleast 10 make shift shops from the auction and allot it to the Saanoorapatti Village people committee for meeting out the expenditures required to maintenance, Kumbabishegam and festival of Aadhivinayagar temple and for improving the village infrastructures on the basis of the representation dated 19.06.2018.
For Petitioner : Mr.S.Royce Immanuel For Respondents : Mr.M.Rajarajan, G.A.
ORDER
(Order of the Court was made by C.T.SELVAM,J.) By consent, Writ Petition itself, is taken up for final disposal. Mr.M.Rajarajan, learned Government Advocate takes notice for respondents.
2.This Writ petitioner seeks to issue a Writ of Certiorarified Mandamus, to quash the auction notice issued by the respondents 2 and 3 for auctioning more than 100 make shift shops https://hcservices.ecourts.gov.in/hcservices/
scheduled to be held on 27.06.2018 and consequently, direct the respondents 1 to 3 to exempt 10 make shift shops from such auction and allot the same to Saanoorapatti Village people committee in order to meet out expenditures for conducting Kumbabishegam and festival of Aadhivinayagar temple as also for improving the village infrastructures on the basis of the representation dated 19.06.2018.
3.Learned counsel for petitioner submits that out of 42 shops, for which, auction has been notified and is to be held on 27.06.2018 by the third respondent, 10 shops ought to be exempted therefrom and allotted to Saanoorapatti Village People Committee whom petitioner represents towards affording them funds for meeting expenditure to be incurred to maintain Aadhivinayagar Temple and conduct Kumbabishegam as also festivals. 4.Taking into consideration the submission of learned Government Advocate that such Temple is being maintained by Hindu Religious Charitable and Endowment Department and further auction moneys are meant to be utilized for the benefit of the entire Panchayat, this Court finds no merit in this Writ petition. Accordingly, this Writ petition shall stand dismissed. No costs. Consequently, connected W.M.Ps.are closed.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur.
2.The Block Development Officer, Boothalur Panchayat Union, Boothalur Taluk, Thanjavur District.
3.The Special Officer, Saanoorapatti Panchayat, Boothalur Taluk, Thanjavur District.
+1cc to Mr.T.Indrachithu, Advocate Sr.No.69945 +1cc to The Spl. Government Pleader Sr.No.69753 NBJ VB/PN/SAR3/23.07.2018/2P/6C W.P.(MD)No.13496 of 2018 26.06.2018 https://hcservices.ecourts.gov.in/hcservices/