V.Manoharan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.NO.10620 OF 2016 AND WMP NO.9314 OF 2016 V.Manoharan .. Petitioner

Versus

1.The Commissioner Kancheepuram Municipality Kancheepuram - 631 502.

2.The Maintenance Engineer (Drainage Section) Kancheepuram Municipality Kancheepuram - 631 502.

3.Kannan Fitter - Drainage Section Kancheepuram Municipality Kancheepuram - 631 502.

4.The Assistant Divisional Engineer C & M, Highways Department Damalwar Street, Kancheepuram - 631 502.

..

Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to pay a sum of Rs.10,000/- as damages per day from 14.03.2016 till the completion of attending fault i.e., removal of block in the drainage connection bearing door no.108-110, Salai Street, Kancheepuram - 2.

For Petitioner :

Mr.V.Manoharan Party - in - Person For Respondents 1&2:

Mr.G.B.Rajesh For Respondent 3 :

Mr.B.Balamurugan For Respondent - 4 :

Mr.R.Rajeswaran Special Government Pleader

O R D E R

Heard the petitioner who appeared in person before this court and Mr.G.B.Rajesh, learned counsel for the respondents 1 and 2, Mr.M.Balamurugan, learned counsel for the third respondent and Mr.R.Rajeswaran, learned Special Government Pleader for the fourth respondent.

2.The petitioner appearing in person has filed this writ petition seeking for a direction to the respondents to pay a sum of Rs.10,000/- per day as damages from 14.03.2016 till the completion of attending fault i.e., removal of block in the drainage connection bearing door no.108-110, Salai Street, Kancheepuram - 2.

3.Pursuant to the interim direction issued by this court on 21.03.2016, the drainage block has been cleared and all repairs have been effectd. The petitioner submits that the work has been satisfactorily done.

4.It is pointed out by the learned Standing Counsel for the respondent Municipality that the payment towards the work done is yet to be remitted by the petitioner. In fact, the petitioner expresses his readiness and willingness to remit the payment before this Court and this was recorded in the order dated 21.03.2016. Even today, the petitioner agrees to pay the amount within a period of two weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition is disposed of with a direction to the petitioner to pay the amount towards the repair charges, after deducting the amount, which he is stated to have spent for purchase of raw materials etc. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar TK

To 1.The Commissioner Kancheepuram Municipality Kancheepuram - 631 502.

2.The Maintenance Engineer (Drainage Section) Kancheepuram Municipality Kancheepuram - 631 502.

+1cc to Mr.V. Manoharan Party in Person, S.R.No.20830 +1cc to Mr.G. B. Rajesh, Advocate, S.R.No.20594 +1cc to the Government Pleader, S.R.No.20893 GJ(CO) EU(20/04/2016) W.P.NO.10620 OF 2016