THENAMPETTAI BALASUBRAMANIASWAMY KOIL MARKET VYABARIGAL SANGAM Vs. COMMISSIONER, HINDU RELIGOUS AND CHARITABLE ENDOWMENTS

JUDGEMENT

(1.) This Writ Appeal is directed against the order dated 9.12.1993 passed by the learned single Judge in W.P. No.5034 of 1993. At the stage of admission, notice was issued to the respondents; accordingly, they have put in appearance through Counsel. Hence, the Appeal is heard for final disposal.

(2.) The subject matter of the Writ petition relates to 53 shops constructed by the Arulmigu Balasubramaniaswamy Thirukoil, Madras-18, which is a temple coming under the Hindu Religious and Charitable Endowments Act. The petitioner/Association sought for issue of a Writ in the nature of Mandamus, directing the respondents to allot shops numbering 53 in the Arulmigu Balasubramaniaswamy Thirukoil, belonging to the Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, in the new building situated at No. 75 Periyar Salai, Teynampet Madras-18 to the members of the petitioner/Association as listed in the annexure to the Writ petition and to pass such orders as are necessary. In the Writ petition, the relief was claimed on the basis that the members of the petitioner/Association were in occupation of the shops that were situated in the place where the present 33 shops, have been constructed and they vacated the same on the promise that, after reconstuction, they would be allotted the new shops. The respondents denied the case of the members of the appellant/Association. Learned single Judge, on consideration of the materials on record, came to the conclusion that the promissory estoppel was not established. The finding recorded by the learned single Judge is as follows:

(3.) Learned Counsel for the appellant Association placed reliance on the letters dated 3.11.1981, 23.11.1982, 16.10.1986, 23.4.1987 and 14.6.1988. The letter dated 3.11.1981 by the Commissioner, H.R. & C.E. Board, is addressed to the Executive Officer of Arulmigu Balasurbramaniaswamy temple with a copy to the Secretary, All India Youth Federation, Madras and it states that the attention of the Executive Officer is drawn to the undated representation by the public received in the office on 14.10.1981 and he has been requested to send a detailed report within three days regarding the problems involved in constructing the market. The second letter dated 23.11.1982 is by the Executive Officer to the Secretary All India Youth Federation, Madras, 18, wherein it is stated that shops are being taken to repair the market in question and he had requested the Secretary not to go on with the demonstration. The third letter dated 16.10.1986, addressed to the Secreatry, Communist Party of India, Teynampet Branch, states that the vendors know very well about the efforts taken with the good intention of constructing a good market in view of public welfare and convenience of vendors and therefore, the 'dharna' commenced could be avoided. In the letter dated 23.4.1987 which is also by the Executive Officer to the Secretary, Communist Party of India, it has been stated that the work will be commenced in a month or two after taking immediate steps to fulfil the necessity for funds and that he is ready to show the necessary documents in this connection at any time if a visit is made to the office. The last letter dated 14.6.1988 sent by the Secretary to the Commissioner H.R. & C. E. Department with copy to the Executive Officer, Balasubramaniaswamy Koh Devasthanam, states that they have been agitating for the construction of the public market building on Periyar Street, which belongs to the temple, and a request was made to forthwith put up the construction at the above place and to issue identity cards to all of them.