1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD) No.12739 of 2011 M.Manickam Ambalam ... Petitioner Vs. 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Chennai - 600 034. 2.The Deputy Commissioner/ Executive Officer, Kalloazhagar Temple, Azhagarkovil, Madurai. 3.Bose ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the respondents 1 & 2 to take immediate action against the third respondent by cancelling the third respondent's lease agreement based on the petitioner's representation dated 19.10.2011. For petitioner .. Mr.R.Pon Karthikeyan For 1st respondent .. Mr.V.Pandi, Government Advocate For 2nd respondent .. Mr.S.Manohar ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with this petition seeking for the relief of a direction to the respondents 1 & 2 to take immediate action against the third respondent by cancelling his lease agreement, based on his representation dated 19.10.2011. 2.Mr.V.Pandi, learned Government Advocate takes notice for the first respondent. Mr.S.Manohar, learned standing counsel takes notice for the second respondent. 3.By mutual consent of the learned counsel appearing for the petitioner and the learned counsel appearing for the first and second respondents, the main writ petition itself is taken up for final hearing, at the admission stage itself. In view of the limited prayer made in this writ petition, we are of the view that the interest of the third respondent would be protected by the order to be passed by this Court and as such notice need not be ordered to the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned counsel for the petitioner would submit that the petitioner is one of the devotees of the Kallazhagar Temple and he is the Ambalakarar in Ariyappanpatti village and as such he has come forward with this petition as a public interest litigation. It is contended that even as per the notification and advertisement issued by the respondents 1 & 2, the temple shops are to be let out only for selling pooja and other articles, on the other hand, the property let out to the third respondent is now misused and he is selling prohibited items like, cigarette, panparag, etc. which would cause hindrance to the public and amount to result in spoiling the sacredness and sanctity of the temple. 5.Heard the learned Government Advocate appearing for the first respondent and the learned standing counsel appearing for the second respondent, on the submission made by the learned counsel for the petitioner. 6.We have carefully considered the submissions of both sides and also perused the other materials available on record. 7.The main grievance of the petitioner is that the third respondent is misusing the shop, which was given on lease to him for the purpose of selling only fruits and pooja articles, by selling prohibited items like panparag, cigarette, etc. It is seen that the petitioner has given a representation dated 19.10.2011 to the first respondent, but no action has been taken till date. Therefore, without going into the merits of the representation of the petitioner, dated 19.10.2011 and without expressing any view in respect of such representation, we are constrained to direct the second respondent herein to consider the representation of the petitioner, dated 19.10.2011, by affording opportunity to the petitioner as well as to the third respondent herein and other relevant parties and thereafter, to pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall furnish a fresh copy of the representation, dated 19.10.2011, which was given to the first respondent, to the second respondent along with the order copy of this Court within a period of ten days from the date of receipt of a copy of this order. 8.The writ petition is disposed of accordingly. No costs. gcg Sd/- Assistant Registrar[AS] /True copy/ TO Sub Assistant Registrar 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Chennai - 600 034. 2.The Deputy Commissioner/Executive Officer, Kalloazhagar Temple, Azhagarkovil, Madurai. +1 cc to Mr.S.Manohar, Advocate SR.No.39177. +1 cc to Mr.R.Ponkarthikeyan, Advocate SR.No.38918. Order in W.P.(MD)No.12739 of 2011 2P/5C DATED:10.11.2011 RPB 17.11.2011 https://hcservices.ecourts.gov.in/hcservices/