W.P.(MD)No.12297of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 18.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

W.P.(MD)No.12297 of 2022

Bagampriya

.. Petitioner

Vs

The Joint Commissioner/Executive Officer

Ramanathaswamy Temple,

Rameswaram, Ramnad District

.. Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India to

issue a Writ of Mandamus, directing the respondent to permit the

petitioner to sell flowers in Shop No.2, Sethupathy Mandapam of the

Respondent temple by considering the petitioner's representation dated

06.01.2022.

For Petitioner

: Mr.M.Mahaboob Athiff

For Respondent

: Mr.Lingadurai

Special Government Pleader

ORDER

The petitioner has sent representation dated 06.01.2022 seeking to

permit her to sell flowers in the Sethupathy Mandapam.

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W.P.(MD)No.12297of 2022

2. On perusal of the representation it is seen that the father of the

petitioner was selling flowers in Sethupathy Mandapam for more than

40 years. The temple administration had also allotted specified space and

has been collecting rent throughout for the said shop. Further it is seen

that the father of the petitioner is selling flowers to the devotees visiting

the temple in the Sethupathy Mandapam. The rent has been collected for

the same as Shop No.2 of the Mandapam and the rent has been paid till

2021. Further due to the closure of the temple on account of Covid-19

pandemic situation the shops were closed and the shop was not operated

for few years. The petitioner apprehends that there may be some

disturbance to her business, hence she has sent a representation and

thereafter filed the present writ petition. The petitioner also filed

additional affidavit stating that there are 25 shops in the west tower area

and also produced the photos to that effect. The petitioner is sitting in

the corner of the eastern side without any disturbance and selling

flowers. Further she sits on the corner in open, bringing flowers in the

basket, vend flowers to the devotees and without any trace she is leaving

the place. Further she also uses no electricity in the said shop. Further

she will not affect the religious atmosphere or cultural effects of the

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W.P.(MD)No.12297of 2022

temple. The only source of her income is selling flowers and through that

she is making livelihood for the family.

3. The learned Counsel appearing for the respondents would

submit that the petitioner is selling flowers in the Sethupathy Mandapam

and admitted that she has not put up any structure, except sitting in the

corner of the mandapam in open for vending of flowers she does not

claim anything more. He further submitted that the petitioner's

representation would be considered. The petitioner's father was vending

flowers for more than 40 years and after his demise the petitioner was

carrying on the flower vending business. Charges received denoting

shop No.2 as on date. Till today, the petitioner has not put up any

structure and if she causes any hindrance or disturbance she might not

be allowed to continue the business in future. The petitioner's

representation will be considered sympathetically. As on date there is no

proposal or contemplation to remove her.

5. Heard the learned counsel for the petitioner and the learned

Special Government Pleader appearing for the respondent and perused

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W.P.(MD)No.12297of 2022

the materials available on record.

6. This Court finding that the apprehension of the petitioner is

misplaced as on date. There is no apprehension that the petitioner would

be stopped from vending flowers. In such event, the temple authorities

are directed to take appropriate decision on the representation of the

petitioner dated 06.01.2022 and pass orders on merits and in accordan