Dismissed

Sasikumar K v. The Joint Commissioner

Madras HC24 Jun 2022WP(MD)/12662/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking a writ of mandamus to direct temple authorities to implement safety measures for coin and coconut collectors on National Highways. The court dismissed the petition and directed respondents to complete the ongoing tender process to prevent revenue loss.

What did the court decide?

Petition dismissed; Respondents 2 and 3 directed to complete the tender process immediately to prevent revenue loss.

Sasikumar K Vs The Joint Commissioner — Constitutional and Fundamental Rights | Madras HC (2022)

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Writ Petition (MD) No.12662 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2022

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CORAM

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THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

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Writ Petition (MD) No.12662 of 2022

K.Sasikumar

.. Petitioner

Versus

1.The Joint Commissioner,

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Hindu Religious and Charitable Endowments Department, Dindigul.

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2.The Assistant Commissioner,

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Hindu Religious and Charitable Endowments Department, Dindigul.

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3.The Executive Officer, Arulmigu Soundararaja Perumal Thirukoil, Thadikombu,

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Dindigul District.

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4.The Hereditary Trustee, Arulmigu Vandikaruppanaswamy Thirukoil, Thangammapatti,

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Vedasandur Taluk, Dindigul District.

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.. Respondents

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Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents herein to consider the petitioner's representation dated 14.06.2022, submitted in respect of obtaining proper permission and to initiate some safety measures in the collection of coins and coconuts thrown by the devotees in the National Highways at Arulmigu Vandikaruppanaswamy Thirukoil, Thangammapatti, Vedasandur Taluk, Dindigul District, within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.P.Saravanakumar For R1 & R2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.S.Manohar

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ORDER

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The petitioner, who is a devotee of Arulmigu Vandikaruppanaswamy Thirukoil, Thangammapatti, Vedasandur Taluk, Dindigul District, had sent a representation to the respondents herein on 14.06.2022 seeking to stall the tender process for the

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https://hcservices.ecourts.gov.in/hcservices/

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Writ Petition (MD) No.12662 of 2022

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Fasli year 1432, running from 01.07.2022 to 30.06.2023, scheduled to be held on 22.06.2022. The said tender is for collection of coins thrown by the devotees from the road-side, for collection of coconuts and for collection of cash for parking of vehicles. The Temple is situated in a faraway place, small Idol is placed within 50 meters from the main road and the people, who are passing through Dindigul – Karur road, make their offerings, by throwing coins from the road-side or breaking coconuts while moving in the Highways, which cause risk to their life. Hence, safety measures may be initiated for the persons, who are involved in collection of the said coins and coconuts and their life will be safeguarded.

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2.The learned Special Government Pleader appearing for the respondents 1 and 2 submits that the Temple is situated 400 meters away from the main road. In between the main road and the Temple, there is a railway line. There is a small deity in the service road and the devotees take to the service road and make their offerings and thereafter, proceeded. The petitioner is making unreasonable allegations. The above said tender process is there for the past 25 years. In the previous auction conducted on 25.06.2019 [Fasli year 1429], the highest bid amount for collection of coins thrown by the devotees from the road-side was Rs.11,55,655/-, for collection of coconuts was Rs.2,25,000/- and for collection of cash for parking of vehicles was Rs.4,55,000/-. These are the main sources of income to the Temple.

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3.The learned counsel for the third respondent submits that the tender process already commenced, paper publication issued and tender was scheduled to be held on 22.06.2022. Due to pendency of the present Writ Petition, no one participated in the tender process and the same is postponed. The tenderers joined together in a group and attempted to stall the tender process, thereby, forcing the Temple authorities to reduce the tender price. The tender bid amount is the main source of income to the Temple. Except the petitioner, no other complaints have been received from any public or devotees. The petitioner is representing the tenderers, filed this Writ Petition for their own cause.

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4.The learned counsel for the petitioner, at this juncture, submitted that already the Road Inspector and the Police have conducted survey to implement a scheme without affecting the traffic as well as safety for the devotees and collection of offerings taking into consideration, welfare and safety of one and all.

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5.Considering the rival submissions and on perusal of the materials, this Court is not inclined to entertain this Writ Petition. The process of tender for collection of coins thrown by the devotees from the road-side, for collection of coconuts and for collection of cash for parking of vehicles is there for more than 25 years and it is the main source of income to the Temple. It will https://hcservices.ecourts.gov.in/hcservices/ only benefit the Temple. Except the petitioner's complaint, there

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Writ Petition (MD) No.12662 of 2022

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is no other complaint in respect of the tender. It is seen that, the tender process already postponed due to pendency of the present Writ Petition and the tender right is for the period between 01.07.2022 and 30.06.2023. In view of the same, the respondents 2 and 3 are directed to take immediate steps to complete the tender process without any delay, so that, no revenue loss to the Temple is caused.

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6.With the above observation, this Writ Petition is dismissed. No costs.

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Assistant Registrar (CO)

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// True Copy //

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27/06/2022 Sub Assistant Registrar(CS)

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smn2

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1.The Joint Commissioner,

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Hindu Religious and Charitable Endowments Department, Dindigul.

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2.The Assistant Commissioner,

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Hindu Religious and Charitable Endowments Department, Dindigul.

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3.The Executive Officer, Arulmigu Soundararaja Perumal Thirukoil, Thadikombu,

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Dindigul District.

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+1 CC to M/s.S. MANOHAR, Advocate ( SR-28114[F] dated 27/06/2022 ) +1 CC to M/s.SPL.GP ( SR-28189[F] dated 27/06/2022 )

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WP (MD) No.12662 of 2022 24.06.2022

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NA(CO) GC(27.06.2022) 3P 6C

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https://hcservices.ecourts.gov.in/hcservices/

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Sasikumar K v. The Joint Commissioner

Case brief

What is this about?

What did the court decide?

Sasikumar K v. The Joint Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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