1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/10/2011 C O R A M THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD) No.11982 of 2011 and M.P.(MD).No.1 of 2011 Madurai Town Hall Road Perumal Teppakulam Annaithu Siruviyabarigal Nalasangam, rep. by its Secretary, B.Chandrasekar, 19A/3, Perumal Theppam West, Town Hall Road, Madurai - 625001. ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai-20. 2.The Commissioner, Madurai Corporation, Madurai. 3.The Executive officer -cum- Assistant Commissioner, Koodal Alagar Perumal Kovil, Madurai-1. ... Respondents Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents not to evict the members of the petitioner-Sangam from the sites allotted by the Koodal Azhagar Perumal Kovil on rental basis around the Perumal Teppakulam at TS.No.196, Town Hall Road, Madurai, without due process of law. For petitioner .. Mr.A.Thirumurthy For respondents 1 & 2 .. Mr.B.Pugalendhi, Special Government Pleader For 3rd respondent .. Mr.S.Manohar ORDER The association of small merchants carrying on business in and around Arulmigu Koodal Azhagar Perumal Temple Tank have come up with the above writ petition seeking a mandamus to forbear the respondents from evicting the members of the petitioner association, from the sites allotted to them allegedly on rental basis without following due process of law. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard Mr.A.Thirumurthy, learned counsel for the petitioner, Mr.B.Pugalendhi, learned Special Government Pleader for the first and second respondents and Mr.S.Manohar, learned counsel for the third respondent. 3.The petitioner has come up with the above writ petition on the ground that the members of the petitioner association are all lawful lessees in possession of the various sites allotted by the third respondent temple and that after a visit by the District Collector, they apprehend eviction without due process of law. 4.However, the learned counsel appearing for the respondents produced a copy of the minutes of meeting held on 03.10.2011 under the Chairmanship of the District Collector, for renovating the temple tank coming under the control of Hindu Religious and Charitable Endowments Department and for strengthening the rain water harvest scheme. The officials of the Hindu Religious and Charitable Endowments Department, Tourism Department, Archaeological Department and Public Works Department have participated in the said meeting. One of the decisions taken in the said meeting reads as follows; "II.mUs;kpF TlyHfh; bgUkhs; BfhtpYf;Fr; brhe;jkhd jpUf;Fsk; lt[d;#hy; BuhL gFjpapy; cs;sJ. mf;Fsj;jpw;fhd tuj;Jf; fhy;tha;fis fz;lwpe;J, Mf;fpukpg;g[fis mfw;w xU thuj;jpw;Fs;, khtl;l tUtha; mYtyh; kw;Wk; niz Mizah;, ne;J rka mwepiyaj;Jiw eltof;if vLf;f Kot[ bra;ag;gl;lJ." 5.A reading of the above decision shows that the respondents have merely taken a decision to remove the encroachment so that the temple tank can be cleaned. It was stated by the learned counsel for the respondents that the same would be done only in accordance with law, as per the provisions of the various statutes and that there is no proposal to throw out any lawful lessee without taking due process of law. 6.In view of the said statement, no further orders are necessary in the writ petition. Hence, the writ petition is closed. Consequently, connected miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To 1.The District Collector, Madurai District, Madurai-20. 2.The Commissioner, Madurai Corporation, Madurai. 3.The Executive officer -cum- Assistant Commissioner, Koodal Alagar Perumal Kovil, Madurai-1. + 1 cc to Mr.A.Thirumurthy, Advocate, SR No.36745 + 1 cc to Mr.S.Manohar, Advocate, SR No.36936 + 1 cc to The Special Government Pleader, SR No.36895 W.P.(MD) No.11982 of 2011 gcg/RJ/8.11.11/(2p/7c) 21.10.2011 https://hcservices.ecourts.gov.in/hcservices/