Sathish Kumar.M v. The Principal Secretary/Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Sathish Kumar ... Petitioner Vs.

1.The Principal Secretary / Commissioner, Hindu Religious and Charitable Trust, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Trust, Tirunelveli.

3.The Executive Officer, Arulmigu Esakkiamman Temple, Muppanthal, Kanniyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to extend the tender period from 01.07.2021 to 30.06.2022 to the petitioner for collecting vehicle offering money at Arulmigu Esakkiamman Temple, Muppanthal, Aralvoimozhi, Kanniyakumari District, on the basis of the petitioner's representation dated 17.06.2021.

For Petitioner : Mr.S.Muniyandi For R-1 & R-2 : Mr.M.Lingadurai Government Advocate For R-3 : Mr.B.Saravanan

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third respondent to extend the license period of the petitioner from 01.07.2021 to 30.06.2022 based on the representation made by the petitioner on 17.06.2021.

2. The petitioner had participated in the tender that was called for by the third respondent and he was the highest bidder and he was allotted the license for collecting the vehicle parking fees for the period from 04.11.2020 to 30.06.2021. 1/3

3. The grievance of the petitioner is that due to the pandemic condition, most of the time, the Temple was closed and therefore, the petitioner was not able to collect any fees. Therefore, the petitioner had made a representation to the third respondent seeking for extension of the license period for one more year upto 30.06.2020. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.S.Muniyandi, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Government Advocate appearing on behalf of the respondents 1 and 2 and Mr.B.Saravanan, learned counsel appearing on behalf of the third respondent.

5. The learned counsel appearing on behalf of the third respondent submitted that the representation made by the petitioner has already been forwarded by the third respondent to the second respondent and it is for the first and second respondents to take a decision on the request made by the petitioner.

6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 17.06.2021 and take a decision on the request made by the petitioner within a period of two (2) weeks from the date of receipt of a copy of this order.

7. This writ petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To 1.

The Principal Secretary / Commissioner, Hindu Religious and Charitable Trust, Chennai.

2.

The Joint Commissioner, Hindu Religious and Charitable Trust, Tirunelveli.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-21484[F] dated 07/07/2021 ) +1 CC to M/s.SPL GP ( SR-21527[F] dated 07/07/2021 ) 06.07.2021 MGJ(14.07.2021) 3P 5C 3/3