Saravana Karthik v. The Executive Officer / Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.(MD)Nos.22265 & 22267 of 2023 Saravana Karthik : Petitioner Vs.

The Executive Officer / Assistant Commissioner, Arulmigu Thiru Courtrallantha Swamy Temple, Courtrallam, Tenkasi District.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of the impugned order passed by the respondent in Na.Ka.No. 232/2023 dated 03.10.2023 and quash the same. For Petitioner : Mr.A.N.Ramanathan For Respondent : Mr.S.Manohar 1/4

O R D E R

************ Heard both sides.

2.The writ petitioner claims to be a devotee of the respondent temple. He challenges the impugned notice whereby the respondent proposes to conduct tender cum auction in respect of the petition mentioned vacant site. There is no dispute that the vacant site belongs to the temple. The petitioner's counsel draws our attention to the photographs enclosed in the typed set of papers. It is seen that the shops let out by the respondent temple adjacent to the temple premises were recently destroyed due to fire. His apprehension is that if the proposed auction process is allowed to go on, a similar incident may occur in future. On this ground, we are not in a position to interfere. It is for the temple authority to decide how best they can utilise their properties so as to fetch maximum revenue for the temple.

It is stated that the tender was scheduled to take place on 20.10.2023 and that it has been adjourned to 02.11.2023. Even though sustain the impugned notice, we direct the respondent to ensure that safety measures are put in place so that the incident as mentioned by the petitioner does not ever again occur.

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3.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S.,J.] & [P.D.B.,J.] 26.10.2023 Index : Yes/No Internet : Yes/No MR To The Executive Officer / Assistant Commissioner, Arulmigu Thiru Courtrallantha Swamy Temple, Courtrallam, Tenkasi District.

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G.R.SWAMINATHAN, J.

and P.DHANABAL, J.

MR ORDER MADE IN 26.10.2023 4/4