J. Senthil Rajesh v. Chief Secretary to Government, Government of Tamil Nadu
2019-01-29
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2019
DigiLaw.ai
ORDER : P.D. AUDIKESAVALU, J. 1. The Petitioner in this Public Interest Litigation has sought for a direction to the First to Fourth Respondents to conduct an enquiry on the basis of his representations dated 29.06.2018, 03.07.2018, 07.07.2018 and 16.07.2018 regarding allotment of shops in the surrounding areas of the Arulmigu Subramaniya Swamy Temple, Tiruchendur. 2. We have heard Mr. R. Shankar Ganesh, Learned Counsel appearing for the Petitioner, Mr. A.K. Baskarapandian, Learned Special Government Pleader, appearing on behalf of the First to Fourth Respondents and Sixth Respondent, Mr. Muthugeethayan, Learned Standing Counsel appearing on behalf of the Seventh Respondent and perused the materials placed on record, apart from the pleadings of the parties. 3. It is not in dispute that following the collapse of the pathway abutting the outer wall of the Temple, the shops that were situated in that pathway were directed to be closed and the licencees of those shops were accomo-dated by re-locating their shops to other places nearby Temple and that entire ceiling of the pathway has been subsequently demolished. 4. Since the allegations of the Petitioner in the Affidavit filed in support of the Writ Petition are found to be vague and does not provide specific details of any irregularities, the Learned Counsel for the Petitioner was required to point out the same, if any. In response thereto, the Learned Counsel for the Petitioner complained that one of the licencees, viz., Khadi Craft, had not pay the arrears of the rent that were accumulated for the shop at the previous location, another person under the guise of running business under the name and style of Khadi Craft has been allotted a shop, which is a serious irregularity. In replying to the same, Learned Counsel for the Seventh Respondent, on instructions submitted that since the licencee, viz., Khadi Craft was in arrears of rent to the extent of Rs.1,37,363/- to the Seventh Respondent, the possession of the shop No. 13 allotted for the Khadi Craft has not been handed over and that no third party under the guise of running that shop in the name of the Khadi Craft has been given any licence by the Seventh Respondent. It has been further submitted that apart from the existing licencees, who have been re-located, no fresh allotment of shop has been made thereafter. 5.
It has been further submitted that apart from the existing licencees, who have been re-located, no fresh allotment of shop has been made thereafter. 5. Recording the aforesaid submissions made on behalf of the Seventh Respondent, it is made clear that if it is proposed to grant lease/licence of any shop in future, the same shall have to be made in a transparent manner after inviting offers from the public through wide publicity in the prescribed modes complying with the requirements of the relevant rules. 6. The Writ Petition is disposed of with the aforesaid observations. No costs. Consequently, the connected Miscellaneous Petition is closed.