A.Venkatesha Prasad v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.14379 of 2025 and W.M.P(MD) Nos.10564, 10565, 13527, 13530, 13532, 13533 and 13525 of 2025 A.Venkatesha Prasad ... Petitioner Vs.

1. The Commissioner, Hindu Religious Charitable and Endowments Department, Nungampakkam, Chennai.

2. The Joint Commissioner, Hindu Religious Charitable and Endowments Department, Madurai..

3. The Assistant Commissioner /Executive Officer, Arulmighu Irukkankudi Mariamman Temple, Irukkankudi, Virudhunagar District.

4. The Commissioner of CGST And Central Excise, Madurai.

(R4 is Suo-Motu impleaded vide order, dated 22.05.25).

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Madamus, to call for the records relating to the impugned Tender cum auction Notification in Na.Ka.No.1052/2025/A3, dated 09.05.2025 issued for Fasli 1435 (2025) for the license for Prasada Stall issued by the 2nd respondent in respect of clause 49 imposing condition for payment of GST and quash the same.

For Petitioner : Mr.V.R.Shanmuganathan for Mr.J.Anandkumar For R1 to R3 : Mr.SS. Madhavan Additional Gornment Pleader For R4 : Mr.N.Dhilipkumar Standing Counsel

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Additional Gornment Pleader for the respondent Nos.1 to 3 and the learned Standing Counsel for the respondent No.4.

2. The learned counsel for the petitioner submits that the petitioner is withdrawing the prayer in this Writ Petition seeking to quash the impugned tender-cum-auction notification in Na.Ka.No.1052/2025/A3, dated 09.05.2025, 2/5

whereby invitations were called for from the successful bidder inclusive of GST.

3. The learned Additional Government Pleader appears on behalf of the respondent Nos.1 to 3 confirms that pursuant to the auction, the tender was opened on 26.05.2025 and that a successful bidder has been identified and appropriate work order will be issued in due course.

4. The learned counsel for the petitioner now seeks liberty to challenge the collateral proceedings of the first respondent / Commissioner of HR and CE Department, dated 14.05.2025 in this Writ Petition.

5. Since, the relief sought for in the present Writ Petition has been rendered infructuous in view of the subsequent development, liberty is given to the petitioner to file a separate Writ Petition challenging the circular issued by the HRNC Department in Na.Ka.No.1049966/2024/Z1, dated 14.05.2025 and the communication of the Assistant Commissioner of CGST & Central Excise, Virudhunagar Division, dated 22.05.2025 in C.No.IV/3/1/2022Legal. 3/5

6. With the above liberty, this Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. 31.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To

1. The Commissioner, Hindu Religious Charitable and Endowments Department, Nungampakkam, Chennai.

2. The Joint Commissioner, Hindu Religious Charitable and Endowments Department, Madurai..

3. The Assistant Commissioner /Executive Officer, Arulmighu Irukkankudi Mariamman Temple, Irukkankudi, Virudhunagar District..

4. The Commissioner of CGST And Central Excise, Madurai.

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C.SARAVANAN, J.

Indu W.P(MD) No.14379 of 2025 31.07.2025 5/5