P KRISHNA MOORTHY Vs. DISTRICT COLLECTOR, DISTRICT MANAGER AND P K CHANDRASEKAR, SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking for a direction to the respondents 1 to 3 to consider his representation dated 24.08.2009 and the consequent direction to shift the TASMAC Retail Vending Shop No. 5274 situated in the Kanchivanamswamy Temple at Melur to any other place.

(2.) When the matter came up on 04.12.2009, the learned Counsel appearing for the respondents 1 to 3 takes notice and private notice was ordered to the fourth respondent. Subsequently, on 01.04.2010, this Court directed the first respondent, the District Collector, to depute his officials to inspect the shop and find out whether the shop is situated near a temple as well as the Girl's school and to submit a report. Subsequently an Advocate Commissioner was also appointed on 13.04.2010 to inspect the sites and take measurements in the presence of the petitioner as well as the officials of the respondent department. By a further order dated 21.05.2010, this Court directed to produce the entire files in order to ascertain whether the shop was situated in a Government Poromboke land.

(3.) The third respondent, the District Manager, TASMAC, Madurai District, filed a counter affidavit dated 29.06.2010. A reference was made to the report of the Advocate Commissioner, wherein it was found that from the shutter of the shop to the front main entrance of the temple is 76.0 meters. If it measured on aerial direction it is 60.6 meters and from the shop to the western side compound wall of temple it is 57.0 meters and from backside wall of bar to western side compound wall of the temple it is 52.0 meters. Likewise, the Government Girls Higher Secondary School is situated at 95.0 meters. From the shop to the front compound wall of Government Girls Higher Secondary School is 78.0 meters.