P K CHANDRASEKAR Vs. P KRISHNAMOORTHY AND ORS

JUDGEMENT

(1.) The present appeal is preferred against the order dated 18.11.2010 passed by a learned single Judge of this Court in , whereby a direction was given to respondents 2 to 4 herein to shift the TASMAC Retail Vending Shop No.5274 situated near the Kanchivanam Swamy Temple at Melur to any other place.

(2.) The 1st respondent in this appeal has filed the writ petition with the following averments.

(3.) Sri Kanchivanam Swamy Temple located at Melur is a very old temple and it is having 12 Ambalakarars of various branches and the 1st respondent is one of the Ambalakarars. In and around the temple, the Ambalakarars have constructed several shops and they have been leased out for monthly rent to various persons and from that income, the temple authorities have been maintaining the temple and also conducting temple festivals. There is a Girls Higher Secondary School, Central Bus Stand and some nursing homes are situated in and around the temple. While so, the appellant/4th respondent, being one of the Ambalakarars of the said temple, requested the other existing Ambalakarars to lease out one of the shops for his personal use and occupation and considering the request made by him, the other Ambalakarars had permitted the appellant to occupy one of the shops with a condition that he should not sub-lease the shop to anybody else and not to carry on with business against law. But, contrary to the said arrangement, the appellant, without getting any consent or no objection certificate from the temple, has entered into a lease agreement for running a wine shop in the temple complex. From the first day onwards, the Ambalakarars as well as the general public have been objecting for running a wine shop in the temple complex and they gave a representation to the 2nd and 4th respondents herein to shift the shop. The 1st respondent also gave a representation on 24.08.2009 to the 4th respondent herein and sent a copy of the same to the 2nd respondent, the District Collector on 05.09.2009. Since there was no response, the 1st respondent has come forward with the writ petition for a direction to respondents 2 to 4 to consider the representation dated 24.08.2009 and also to shift the TASMAC retail vending shop No.5274 situated in the temple premises to some other place.