1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/12/2011 C O R A M THE HONOURABLE Mr.JUSTICE V.RAMASUBRAMANIAN Writ Petition (MD) No.13870 of 2011 K.Saravanan ... Petitioner Vs 1.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Arulmigu Navaneetha Balakrishna Perumal Temple, Malaipatti, Aruppukottai Taluk, Virudhunagar District. 2.The Executive Officer, Arulmigu Navaneetha Balakrishna Perumal Temple, Malaipatti, Aruppukottai Taluk, Virudhunagar District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to break open the lock with seal on the doors of Hotel “New Regunatha Lodge”, situated at door No.8, Perumal Koil Teppakulam Street, Madurai-1 and consequently permit the petitioner to continue his tenancy based on the agreement dated 02.11.2011 by considering his representation dated 18.11.2011. For petitioner ... Mr.A.Haja Mohideen For Respondents ... Mr.K.P.Krishnadoss Govt. Advocate O R D E R The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents to remove the lock and seal on the doors of the Hotel allegedly run by him in pursuance of an agreement entered into by him with the Executive Officer. 2. Heard Mr.A.Haja Mohideen, learned counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the respondents. 3. The property at Door No.8, Perumal Koil Teppakulam street, Madurai-1, belongs to Madurai Navaneetha Balakrishna Perumal Temple. The Temple had let out the property to one Ramasamy Reddiyar. But a suit was filed about 24 years ago by the Temple against the said Ramasamy Reddiyar in O.S.No.2042 of 1987 and a decree for possession was obtained by the Temple. In E.P.No.275 of 2002, the executing Court ordered delivery. In E.A. Nos.102 and 103 of 2011 break open and police protection were also given and the possession of the property was handed over to the Temple on 10.03.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Thereafter, the Executive Officer, who is the second respondent herein, of his own accord attempted to let out the property to the petitioner without conducting a public auction. Therefore, after placing the second respondent under suspension and initiating disciplinary proceedings against the second respondent, the first respondent has locked and sealed the premises. Challenging the said action, the petitioner has come up with the above writ petition. 5. At the outset, the induction of the petitioner by the second respondent was through the back door by dubious means. No public auction was conducted and the public trust doctrine has been thrown to the wind by the second respondent. Therefore, the discretionary remedy of writ jurisdiction cannot be exercised in favour of such a petitioner. Hence, the writ petition is dismissed. It is open to the petitioner to seek refund of the advance money paid by the petitioner, since the respondents cannot retain the same. It is open to the petitioner to participate in the public auction. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Arulmigu Navaneetha Balakrishna Perumal Temple, Malaipatti, Aruppukottai Taluk, Virudhunagar District. 2.The Executive Officer, Arulmigu Navaneetha Balakrishna Perumal Temple, Malaipatti, Aruppukottai Taluk, Virudhunagar District. +2ccs to Special Government Pleader, SR.NO.42923, 42906 RR GH : 19.12.2011 : 2p/5c W.P.(MD) No.13870 of 2011 and M.P.No.1 of 2011 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/