S.Paramasivam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Paramasivam ... Petitioner in all the writ petitions Vs.

1.The Commissioner Hindu Religious and Charitable Endowment Department Uthamar Gandhi Salai Nungambakkam Chennai 600 034 2.Arulmigu Dhandauyuthapani Thirukovil Represented by its Joint Commissioner/Executive Officer Palani, Dindigul District ... Respondents in all the writ petitions Prayer in W.P(MD).No.11655 of 2020: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to extend the petitioner's license period to collect the Coconuts offered by the devotees at Patha Vinayagar Temple, Adivaram, Palani by another 103 days as per the proceedings of the first respondent in Na.Ka.No.18333/2020/I1, dated 01.06.2020.

Prayer in W.P(MD).No.11656 of 2020: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to extend the petitioner's license period to collect Goat, Cock and Duck offered by the devotees at Palani Malaikovil by another 103 days as per the proceedings of the first respondent in Na.Ka.No.18333/2020/I1, dated 01.06.2020.

Prayer in W.P(MD).No.11657 of 2020: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to extend the petitioner's license period to collect the Coconuts offered by the devotees at Palani Malaikovil and Idumban Kovil by another 103 days as per the proceedings of the first respondent in Na.Ka.No.18333/2020/I1, dated 01.06.2020.

1/3

Prayer in W.P(MD).No.11659 of 2020: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to extend the petitioner's license period to sell Earthen Lamp with oil and gingili pocket at Arulmigu Periyanayaki Amman Thirukovil, Palani by another 103 days as per the proceedings of the first respondent in Na.Ka.No.18333/2020/I1, dated 01.06.2020.

(In all the writ petitions) For Petitioner : Mr.R.Subramanian For R1 : Mr.K.P.Narayanakumar Special Government Pleader For R2 : Mr.V.R.Shanmuganathan, Standing counsel C O M M O N O R D E R Heard the learned counsel appearing in all the writ petitions and the learned Special Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the temple.

2.Mr.S.Paramasivam had taken as many as four licenses from the second respondent. The license period had ended on 30.06.2020. The petitioner could not enjoy the fruits of the license for a period of 103 days on account of Covind-19 out break and imposition of lock down. The temple has been re-opened only recently. Therefore, the petitioner wants the temple to grant him license for a period of 103 days. The petitioner had already given a representation in this regard to the Executive Officer of the temple. 3.The petitioner's counsel submits that the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai had issued proceedings dated 01.06.2020 for conferment of relief for such affected licensees.

The petitioner wants the second respondent temple to consider his case also in the light of the said instruction issued by the Commissioner, HR & CE. The petitioner also draws my attention to the order passed by an Executive Officer in the case of a similarly placed licensee. In the typed set of papers itself at page No.14, I find the order dated 29.08.2020 issued by the Assistant Commissioner/Executive Officer of Arulmigu Masaniamman Thirukovil in favour of a licensee. I have no doubt in my mind that the petitioner deserves to be treated on the same lines in the light of the directive issued by the Commissioner.

4.In fact, the learned Standing Counsel for the temple also states that the Executive Officer will pass orders on the petitioner's request in the light of the directives issued by the 2/3

Commissioner, HR & CE. He fairly states that within a week the order will be passed by the second respondent.

5.Recording the said submission, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) msa 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. To:

The Commissioner Hindu Religious and Charitable Endowment Department Uthamar Gandhi Salai Nungambakkam Chennai 600 034 +4 CC to M/s.R. SUBRAMANIAN, Advocate ( SR-16806[F] dated 15/09/2020 +1 CC to SPL GP ( SR-17116, 17113, 17114, 17115[F] dated 16/09/2020 ) 15.09.2020 NR (18.09.2020) 3P 7C 3/3