Case Note & Summary
The petitioner, N. Balusamy, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging a public auction notice dated 15.05.2026 issued by the Hindu Religious and Charitable Endowment (HR&CE) Department. The petitioner alleged that the notice was issued without wide publicity and that an initially low upset price was fixed and subsequently changed, rendering the process irregular, illegal, and lacking transparency. The respondents included the Commissioner, Joint Commissioner, and Assistant Commissioner of the HR&CE Department, as well as three private individuals (S. Gomathi, S. Thangavel, and S. Rani). During the hearing, the learned Special Government Pleader appearing for respondents 1 to 3 submitted that the temple was withdrawing the impugned notification and would issue a fresh notice within 30 days. In view of this submission, the Court recorded the withdrawal and disposed of the writ petition without costs. Consequently, the connected miscellaneous petitions were closed. The Court did not adjudicate on the merits of the case, as the grievance was resolved by the respondents' voluntary action.
Headnote
A) Administrative Law - Public Auction Notice - Withdrawal of Notice - The petitioner challenged a public auction notice issued by the HR&CE Department on grounds of inadequate publicity and low upset price. The respondents voluntarily withdrew the notice and undertook to issue a fresh notice within 30 days. The Court recorded the withdrawal and disposed of the writ petition without adjudicating on merits. (Paras 1-4)
Issue of Consideration
Whether the impugned public auction notice dated 15.05.2026 issued by the HR&CE Department was irregular, illegal, and without transparency.
Final Decision
The Court recorded the withdrawal of the impugned notice by the respondents and disposed of the Writ Petition. No costs. Connected miscellaneous petitions were closed.
Law Points
- Writ of Certiorari
- Public auction notice
- Withdrawal of notice
- Disposal without merits
Case Details
W.P.(MD)No.14307 of 2026 and W.M.P.(MD)Nos.10725 and 10726 of 2026
For Petitioner: Mr. K. Muthu Ganesa Pandian; For R1 to R3: Mr. M. Gangatharan, Government Advocate; For R4 to R6: Mr. S. Balaji Nivas
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai; 2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul; 3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul; 4. S. Gomathi; 5. S. Thangavel; 6. S. Rani
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India challenging a public auction notice issued by the HR&CE Department.
Remedy Sought
Petitioner sought issuance of a Writ of Certiorari to quash the impugned second public auction notice dated 15.05.2026 as irregular, illegal, and without transparency.
Filing Reason
Petitioner alleged that the auction notice was issued without wide publicity and that an initially low upset price was fixed and subsequently changed.
Issues
Whether the impugned public auction notice dated 15.05.2026 was irregular, illegal, and without transparency.
Submissions/Arguments
Petitioner argued that the notice was issued without wide publicity and with an initially low upset price that was later changed.
Respondents 1 to 3 submitted that the temple was withdrawing the notification and would issue a fresh notice within 30 days.
Ratio Decidendi
When the respondents voluntarily withdraw the impugned notice and undertake to issue a fresh notice, the writ petition challenging the notice is disposed of without adjudicating on merits.
Judgment Excerpts
When the matter came up for hearing, the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 would submit that the temple is withdrawing the notification and a fresh notice will be issued within 30 days from today.
In view thereof, record the same, the Writ Petition stands disposed of. No costs.
Procedural History
The petitioner filed W.P.(MD)No.14307 of 2026 along with W.M.P.(MD)Nos.10725 and 10726 of 2026 before the Madurai Bench of Madras High Court challenging the public auction notice dated 15.05.2026. During hearing, respondents 1 to 3 submitted that the temple would withdraw the notice and issue a fresh notice within 30 days. The Court recorded the submission and disposed of the petition on 20.05.2026.
Acts & Sections
- Constitution of India: Article 226
