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Madras High CourtWP(MD)/1900/2017allowed

R.Brahma Sakthi, v. The Joint Commissioner/

2017-02-03Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.1900 of 2017 R.Brahma Sakthi ... Petitioner vs.

1. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Head Office, Suchindram, Kanyakumari District - 629 704.

2. The Manager, Arulmigu Bagavathiamman Thirukovil, Kanyakumari, Kanyakumari District.

... Respondents Prayer:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 02.01.2017 and permit her to run the Shop Nos. E25 and E26, Arulmigu Bhagavathiamman Temple, Kanyakumari, after receiving the agreed daily rent.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.A.Muthukaruppan for R1 Additional Government Pleader Mr.M.Saravanan for R2

ORDER

Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the first respondent and Mr.M.Saravanan, learned counsel takes notice for the second respondent.

2. Considering the limited scope of the prayer sought for, by consent of parties, the main Writ Petition itself is taken up for final disposal.

3. The petitioner claims to be running a 'Pani Poori' shop on daily rental basis, under the second respondent. It is the petitioner's allegation that the second respondent is trying to interfere with the running of the petitioner's shop. In this connection, the petitioner had given a representation to the https://hcservices.ecourts.gov.in/hcservices/

respondents. Since the said representation has not been considered till date, the petitioner is before this Court.

4. In view of the limited prayer sought for in this writ petition, without going into the merits of the claim made by the petitioner, there shall be a direction to the second respondent to consider the petitioner's representation dated 02.01.2017 on its own merits and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands allowed. No Costs.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar PM To The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Head Office, Suchindram, Kanyakumari District - 629 704.

+1cc to Mr.R.Balakrishnan, Advocate Sr.No. 6777 +1cc to Spl.Government Pleader Sr.No. 6395 +1cc to Mr.M.Saravanan,Advocate Sr.No. 6166 Jam/17.02.17 /PM-PN/2p-5c W.P.(MD)No.1900 of 2017 03.02.2017 https://hcservices.ecourts.gov.in/hcservices/