DB Madras HC gave an interim stay to the Order quashing the tender notification of Palani temple

Division Bench of Hon'ble Madras High Court consisting of Justice K.KALYANASUNDARAM

and Justice T.KRISHNAVALLI gave an interim stay to the order of the single judge quashing the tender notification issued by the Executive official/ Fit person.

The learned Special Senior Counsel, appearing for the petitioner/appellant or the Executive Official, stated that the court dismissed one Writ Petition, wherein the tender notification issued by the Executive Officer was challenged by an Association, on the ground that it was filed by a non-aggrieved party. Another Writ Petition filed by a devotee of the temple challenging the tender notification was dismissed on the ground that it was not in the nature of Public Nature Litigation. Subsequently, another Writ Petition was dismissed on the ground that as long as the appointment of the fit person was not challenged, the petitioner in that case, could not restrict the fit person from moving ahead with the tender notification.

The court Observed:

The learned Special Senior Counsel drew the attention of this Court to the purpose for which the tender notification was issued, which is stated in Paragraph No.7 of the grounds of writ appeal. The same is extracted hereunder:- “The housekeeping work consists of cleaning of toilets in hill temple and padipaathai, Winch and Ropecar Stations, Nathasawara Palli and Vetha Pada Sallai, Panchamirtham and Prasadam Units and also toilets in Bus stands, toilets in more than 300 rooms in Dhandapani Nilayam and institutions like schools that are mainly used by crores of deveotees coming from around the world. Also housekeeping work consists of sweeping Giriveethi road and other temple surroundings.” Para 4

Later, the Learned Counsel threw light on the purpose behind the tender notification, which is relating to housekeeping works such as cleaning of toilets in hill temple, and other adjacent areas. The Court, having perused these submissions of the Learned Special Senior Counsel, granted an Interim Stay and permitted the petitioner to open the tender as on the scheduled date.

Court further stated that:

Considering the submission of the learned Special Senior Counsel and after perusing the materials available on record, we are of the opinion that the petitioner has made out a prima facie case for grant of interim order. Para 5

View/Download Order:

interim 860 of 2020

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