Madras High Court
Murugan vs The Secretary on 24 February, 2022
W.P.No.13003 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Petition No.13003 of 2021
and W.M.P.Nos.13807 and 13808 of 2021
and W.M.P.Nos.1694 and 2565 of 2022
Murugan .. Petitioner
Vs.
1.The Secretary
Hindu Religious and Charitable Endowment
Department, Government of Puducherry
Puducherry.
2.The District Collector and Special Officer (Temple)
Karaikal District
Karaikal.
3.The Executive Officer
Sri Dharbaranyeshwara Swami Devasthanam
Thirunallar, Karaikal-609 607. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus calling for the
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W.P.No.13003 of 2021
records pertaining to the auction notice dated 10.06.2021 vide
No.En.Ni.A(Ko) Sri.Tha.Su.The.Thiru/2021/149 issued by the 3rd respondent
granting license to collect the scattered coconuts from Sri Nala Vinayagar
Temple belongs to Sri Dharbaranyeshwara Swami Devasthanam, Thirunallar,
Karaikal, for the license period from 01.07.2021 to 30.06.2022 by fixing the
auction on 28.06.2021 at 11.00 a.m., quash the same and further direct the 3 rd
respondent to extend the petitioner's license period from 01.07.2021 to
30.06.2022 for collection of scattered coconuts in the 3rd respondent temple.
For Petitioner : Mr.R.Sreedhar
for M/s.Pondy Law Firm
For Respondents : Mrs.N.Mala
Government Pleader (Pondicherry)
ORDER
This Writ Petition is filed for issuance of a Writ of Certiorarified
Mandamus calling for the records pertaining to the auction notice dated
10.06.2021 vide No.En.Ni.A(Ko) Sri.Tha.Su.The.Thiru/2021/149 issued by
the 3rd respondent granting license to collect the scattered coconuts from Sri
Nala Vinayagar Temple belongs to Sri Dharbaranyeshwara Swami
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W.P.No.13003 of 2021
Devasthanam, Thirunallar, Karaikal, for the license period from 01.07.2021 to
30.06.2022 by fixing the auction on 28.06.2021 at 11.00 a.m., quash the same
and further direct the 3rd respondent to extend the petitioner's license period
from 01.07.2021 to 30.06.2022 for collection of scattered coconuts in the 3rd
respondent temple.
2.According to the petitioner, he is the successful bider for collecting
scattered coconuts broken at Sri Nala Vinayagar temple for the period from
17.12.2020 to 30.06.2021. His bid of Rs.10,00,000/- was the highest and he
was the successful bidder. While so, due to COVID-19 pandamic, Nala
Theertham/holy pond and Sri Nala Vinayagar temple near the pond were
closed. One S.P.S.Nathan @ Amurdeswaranathan filed Writ Petition
No.19420 of 2020 and the 2nd respondent filed counter affidavit stating that
Nala Theertham/holy pond was closed. Recording the said counter affidavit,
the said Writ Petition was disposed of by this Court imposing certain
conditions for allowing the devotees during Sani Peyarchi festival.
Challenging the said order, W.A.No.1172 of 2020 was filed and the same was
disposed of by this Court by the judgment dated 26.12.2020 with certain
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W.P.No.13003 of 2021
modifications. Due to that, the devotees were not permitted to break coconuts
at Sri Nala Vinayagar temple, the petitioner could not collect coconuts and
incurred heavy loss. Usually license for collection of broken coconuts will be
granted for 12 months and only due to Sani Peyarchi festival, expecting large
crowd coming to the temple, license was granted only for six months. When
the petitioner met the 3rd respondent, he promised to extend the license
period for another 12 months. Contrary to the said promise, the 3rd respondent
published the impugned auction notice on 10.06.2021 for conducting public
auction to grant license for collection of scattered coconuts for the period
from 01.07.2021 to 30.06.2022. Insofar as the petitioner could not collect the
broken coconuts for the license period granted to him, he has given
representation dated 16.06.2021 to the 3rd respondent to cancel the auction
and for extension of lease period granted to him and hence, filed the present
Writ Petition.
3.The 3rd respondent filed counter affidavit along with vacate stay
petition.
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W.P.No.13003 of 2021
4.Mrs.N.Mala, the learned Government Pleader (Pondicherry)
appearing for the respondents submitted that after first wave of COVID-19,
Nala Theertham was closed on 23.02.2020 itself. Whereas the public auction
was conducted on 17.12.2020 after ten months of closure of Nala Theertham.
Even though Nala Theertham was closed, Sri Nala Vinayagar temple was not
closed, the devotees were permitted to worship and they were not prevented
from breaking coconuts in the temple. The petitioner knowing fully well that
Nala Theertham/holy pond was closed on 23.02.2020 itself, participated in
the public auction conducted on 17.12.2020. During license period of the
petitioner, large number of devotees worshiped at Sri Nala Vinayagar temple,
broke coconuts and the petitioner collected broken coconuts. The learned
Government Pleader (Pondicherry) denied the contention of the petitioner
that the devotees were not permitted to break coconuts and the petitioner
could not collect any scattered coconuts. The learned Government Pleader
(Pondicherry) referred to condition Nos.10 and 15 of the auction notice,
whereby it is specifically mentioned that no extension of license period will
be granted and the 3rd respondent will not be responsible for any loss caused
to the licensee. The learned Government Pleader (Pondicherry) further
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W.P.No.13003 of 2021
contended that the temple was closed only for 29 days from 10.05.2021 to
08.06.2021. In view of the interim order granted by this Court, the petitioner
is collecting scattered coconuts till today. The petitioner is continuing to
collect coconuts even after expiry of lease period, the temple is put to loss
and prayed for vacating the interim stay granted and dismissal of the Writ
Petition.
5.Heard the learned counsel appearing for the petitioner as well as the
learned Government Pleader (Pondicherry) appearing for the respondents
“through Video-conferencing” and perused the entire materials on record.
6.From the above materials, it is seen that the petitioner is successful
bidder for collecting scattered coconuts at Sri Nala Vinayagar temple for the
period from 17.12.2020 to 30.06.2021. According to the petitioner, due to
closure of Nala Theertham and Sri Nala Vinayagar temple on account of
COVID-19 pandemic lock down, the devotees were not permitted to visit the
temple and not permitted to break the coconuts. Due to that, the petitioner
could not collect scattered coconuts for the license period and incurred loss.
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W.P.No.13003 of 2021
On the other hand, the respondents have stated that the temple was closed
only for 29 days from 10.05.2021 to 08.06.2021. On all other days, the
temple was opened to the devotees, devotees were not prevented from
breaking coconuts at Sri Nala Vinayagar temple and the petitioner collected
scattered coconuts. Even before ten months of public auction on 17.12.2020,
Nala Theertham was closed on 23.02.2020 itself. Knowing the same, the
petitioner has participated in the public auction. It is clear from the above
materials that the temple was not closed for the entire period of license
granted to the petitioner, except for 29 days from 10.05.2021 to 08.06.2021
and devotees were not prevented from breaking coconuts and the petitioner
collected scattered coconuts. Further, after this Court granted interim stay on
22.06.2021, the petitioner is collecting scattered coconuts till date. As per the
condition Nos.10 and 15 of the auction notice, the license period cannot be
extended and temple is not responsible for any loss incurred by the licensee.
7.For the above reasons, the Writ Petition stands dismissed. In view of
the dismissal of present Writ Petition, there is no necessity to implead the
petitioner in W.M.P.No.1694 of 2022 as party in W.P.No.13003 of 2021 and
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W.P.No.13003 of 2021
therefore, W.M.P.No.1694 of 2022 is dismissed. No costs. Consequently,
connected Miscellaneous Petitions are also closed.
24.02.2022
Index : Yes / No
kj
To
1.The Secretary
Hindu Religious and Charitable Endowment
Department, Government of Puducherry
Puducherry.
2.The District Collector and Special Officer (Temple)
Karaikal District
Karaikal.
3.The Executive Officer
Sri Dharbaranyeshwara Swami Devasthanam
Thirunallar, Karaikal-609 607.
https://www.mhc.tn.gov.in/judis
W.P.No.13003 of 2021
V.M.VELUMANI, J.,
kj
W.P.No.13003 of 2021
and W.M.P.Nos.13807 and 13808 of 2021
and W.M.P.Nos.1694 and 2565 of 2022
24.02.2022
https://www.mhc.tn.gov.in/judis
