Madras High CourtWP/6557/2021disposed of

A.Thajudeen v. The Administrator General

2022-07-13Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.6557 of 2021 A.Thajudeen ... Petitioner

Versus

The Administrator General Office of the Administrator General and Office Trustee of Tamil Nadu City Civil Court, Additional Buildings, (AG&OT Office), First Floor, High Court Campus, Chennai-600104 ... Respondent Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondent to refund the EMD amount of Rs.1,20,000/- paid by the petitioner together with interest as applicable, in respect of the auction of the property at Door No.161/78, Linghi Chetty Street, Chennai-600 001.

For Petitioner : Mr.T.Sundar Rajan For Respondents : Mr.B.Vijay AGP 1/4

ORDER

This writ petition has been filed for a Mandamus seeking for refund of security deposit which the petitioner has submitted with the respondent while participating in an auction conducted by the respondent.

2. The petitioner has submitted an EMD amount of Rs.1,20,000/- (Rupees One lakh twenty thousand only) which has not been refunded till date despite the fact that the petitioner was an unsuccessful bidder.

3. Heard Mr.T.Sundar Rajan, learned counsel for the petitioner and Mr.B.Vijay learned Additional Government Pleader for the respondent.

4. Learned Additional Government Pleader, after referring to the counter report submitted by Administrator General and Official Trustee of Tamil Nadu, would submit that only due to COVID lock down, the EMD amount of Rs.1,20,000/-(Rupees One lakh twenty thousand only) has not been refunded to the petitioner and an undertaking has been given by Administrator General and Official Trustee of Tamil Nadu that he will refund the EMD amount 2/4

of Rs.1,20,000/-(Rupees One lakh twenty thousand only) to the petitioner.

5. The said undertaking is recorded. In terms of the aforesaid undertaking, the respondent is directed to refund the EMD amount of Rs.1,20,000/-(Rupees One Lakh twenty thousand only) to the petitioner within a period of one week from the date of receipt of a copy of this order.

6. With the aforesaid direction, the writ petition is disposed of. No costs.

13.07.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order To The Administrator General Office of the Administrator General and Office Trustee of Tamil Nadu City Civil Court, Additional Buildings, (AG&OT Office), First Floor, High Court Campus, Chennai-600104 3/4

ABDUL QUDDHOSE, J sr W.P.No.6557 of 13.07.2022 4/4