M.Murugesan v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM

THE HONOURABLE Mr.JUSTICE P.B. BALAJI and W.M.P.No.28272 of 2023 M.Murugesan ......Petitioner Vs The Assistant Commissioner/Executive Officer Arulmigu Pateeswarar Temple, Perur, Perur Taluk Coimbatore ....Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 22.09.2023 issued by the respondent and quash the condition imposed in Serial Number 2 and 33 of the tender notification dated 22.09.2023 issued by the respondent is unlawful and consequently direct the respondent authority to issue fresh tender notification by removing the condition No. 2 and 33. 1/4

For Petitioner :Mr.A.V.Raja For Respondent:Mr.N.R.R.Arun Natarajan Special Government Pleader

O R D E R

The Writ Petition is filed to quash the impugned notice dated 22.09.2023 issued by the respondent and consequently to direct the respondent authority to issue a fresh tender notification by removing condition Nos. 2 and 33.

2. Heard Mr.A.V.Raja, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for the respondent.

3. The writ petition was posted for clarification to be given by the learned Special Government Pleader regarding the difference in rates insofar as agricultural lands and commercial properties are concerned especially since the increment is fixed at 15% per annum in respect of agricultural properties whereas only a 5% increase on the existing rent is applied to commercial properties.

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4. The learned Special Government Pleader would submit that a proposal to rework the rates is already under consideration, since the earlier G.O.Ms.No.353 dated 04.06.1999 has capped the rate at 15%. It is also brought to the notice of this court that the same G.O was challenged before this Court in W.P.No.8831 of 2008 and the writ petition was dismissed on 29.07.2008.

5. In view of the above, since the respondent is reconsidering the import of the earlier G.O.Ms.No.353 dated 04.06.1999, it would suffice to record the same and dismiss the writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

17.11.2025 Index : Yes/No Speaking Order : Yes / No srn To The Assistant Commissioner/Executive Officer Arulmigu Pateeswarar Temple, Perur, Perur Taluk, Coimbatore 3/4

P.B. BALAJI, J, srn and W.M.P.No.28272 of 2023 17.11.2025 4/4