Ramnath.S v. The Commissioner Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) Nos.7262, 7263 and 10417 of 2021 1.S.Ramnath ... Petitioner in W.P.(MD) No.9526 of 2021 2.C.Ganesan ... Petitioner in W.P.(MD) No.9527 of 2021 Vs.

1.The Commissioner of Municipal Administration, Santhome High Road, Raja Annamalaipuram, Chennai.

2.The Commissioner, Madurai Municipal Corporation, Madurai.

3.The Commissioner of GST and Central Excise, Central Revenue Buildings, B.B.Kulam, Madurai-2.

... Respondents

Prayer in W.P(MD) No.9526 of 2021 :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to extend petitioner's license of collecting fee from the users of gents toilet situated in Marina Hotel Platform and Platform No.2, in MGR Bus Stand, Madurai, for a further period in lieu of repayment of GST amount collected from the petitioner which is against the circular dated 03.05.2017 in Circular No.1305/2016/D2 of the second respondent and notification dated 28.06.2017 in Notification No. 12/2017-Central Tax (Rate).

Prayer in W.P(MD) No.9527 of 2021 :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to extend petitioner's license of collecting fee from the users of gents toilet situated in Platform No.3 and Platform No. 4, in MGR Bus Stand, Madurai, for a further period in lieu of repayment of GST amount collected from the petitioner which is against the circular dated 03.05.2017 in Circular No.1305/2016/D2 of the second respondent and notification dated 28.06.2017 in Notification No.12/2017-Central Tax (Rate).

For Petitioners : Mr.Sricharan Rangarajan Senior Counsel for Mr.N.Palanisamy For R1 : Mr.T.Amjadkhan Government Advocate For R2 : Mr.R.Murali

For R3 : Mr.N.Dilipkumar Senior Standing Counsel Assisted by Mr.K.P.Prabhu Junior Standing Counsel COMMON ORDER An endorsement has been made by the learned counsel for the petitioners, on instruction, that he is withdrawing the writ petitions. The said endorsement is recorded and the Writ Petitions are dismissed as withdrawn subject to the following conditions:- (i) The petitioners will be permitted to participate in the auction, which the six respondent corporation would float for the pay and use toilet.

(ii) They will be permitted to continue to run the pay and use toilet till the next auction.

No costs. Consequently, connected miscellaneous petitions are closed. 22.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

P.T.ASHA, J.

cp To The Commissioner of Municipal Administration, Santhome High Road, Raja Annamalaipuram, Chennai.

Dated: 22.06.2023