Suripakula Munisubramanyam v. Sri.V.Vinay Chand,

Date : 23.6.2017 Between :

Suripakula Munisubramanyam S/o Late S Muniswamy R/o D No. 20-5-715/A SMS Towers Sanjay Gandhi Colony Tirumala Tirupati Bye Pass Road, Tirupati, Chittoor Petitioner And Sri V Vinay Chand Commissioner, Tirupati Municipal Corporation, Tirupati Chittoor Respondents The Court made the following:

ORAL ORDER:

While disposing of the writ petition No. 28609 of 2015 by order dated 7.9.2015, this Court granted liberty to the petitioner suggest name of an Engineer within two weeks from the date of receipt of copy of said order and respondent corporation was directed to fix a date for undertaking measurements in presence of petitioner, the Engineer suggested by petitioner and the Engineers of the respondent corporation. Further direction was that based on said measurements, amounts due to the petitioner should be paid. Alleging that in spite of directions issued, amount payable to the petitioner is not paid, this Contempt Case is filed.

In response, counter affidavit is filed deposed by Mr.V.Vinay Chand, District Collector and formerly Commissioner of respondent corporation. According to the averments made in paragraph 4, measurements were taken in presence of petitioner and his engineer and on taking measurements it was found that excess amount was paid to the petitioner than his entitlement. Learned counsel for petitioner sought to deny the stand of the respondent to contend that petitioner is entitled to receive money. The direction of this Court was only to undertake measurements and to settle the amount, if any payable to the petitioner. Since the respondent now contends that as per the measurements taken, no amount is liable to be paid and in fact respondent is entitled to recover from the petitioner, it cannot be said that there is disobedience of the directions of this Court. Contempt Case is closed. However, it is open to the petitioner to work out his remedies against the measurements taken and assessment made by the respondent. No costs. ______________ P NAVEEN RAO,J DATE: 23.6.2017 TVK

Date : 23.6.2017