R.Sudhakar v. The Commissioner Of Municipality
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Sudhakar ... Petitioner vs.
1. The Commissioner of Municipality, Ranipet.
2. The Junior Engineer cum Municipal Engineer, Ranipet Municipality, Ranipet.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondent to consider the petitioner's representation dated 11.11.2024 and release the legally entitled amount of Rs.3,12,454/- at an early date. For Petitioner : Mr.N.Jagarajan For Respondents : Mr.S.Premkumar Govt.Advocate.
ORDER
The present writ petition has been filed to issue a writ of mandamus directing the first respondent to consider the petitioner's representation Page No.1 of 4
dated 11.11.2024 and release the legally entitled amount of Rs.3,12,454/- at an early date.
2. It is the case of the petitioner that he is the registered contractor of the Ranipet Municipality. He was the successful bidder of the construction compound wall around the integrated house in the vicinity of weekly shandy within the municipality of Ranipet. The first respondent issued vide proceedings in Na.ka.No.2006/2019/E1 dated 29.08.2019 appointing him as the contractor for the above work. The aforesaid order had ordered to complete the construction of compound wall around the integrated house within 30 days from the date of compliance of the terms of the contract. He completed the above work on 15.06.2021. Thereafter, the first respondent visited the site and satisfied with the completion of the above work. He also promised for the early release of the bidding sum of Rs.9,90,000/-.
Despite requests of the petitioner, the respondent authority has not settled the dues. Aggrieved by the same, the petitioner has filed W.P.No.30216 of 2023 and the said writ petition was disposed of on 19.10.2023. However, the respondent sanctioned only above bid amount and failed to sanction the enforcement dues of Rs.3,12,454/- Page No.
towards tender deposits CGST, SGST and interest at the rate of 1.25% for belated settlement of bid amount of Rs.7,83,337/-. Thereafter, the petitioner has given a representation to the first respondent dated 11.11.2024. But the authorities did not return the above said amount. Hence, the petitioner has been filed the present writ petition.
3. The learned counsel appearing for the petitioner submitted that he has completed work in June 2021. The amount was paid belatedly by the first respondent. He further submitted that in this regard, he has given a representation dated 11.11.2024 claiming interest of Rs.3,12,454/- and the same was not considered by the first respondent till date.
4. The leaned Government Advocate appearing for the respondents submitted that the above said representation of the petitioner will be considered on merits and along with orders will be passed within a time stipulated by this Court.
5. Heard the learned counsel appearing on either side and also perused the materials available on records.
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J.SATHYA NARAYANA PRASAD, J.
kkd
6. In view of the above submissions made by the learned counsel on either side, the first respondent is directed to consider the representation of the petitioner dated 11.11.2024 in regard to payment of interest belatedly, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the above directions. No costs.
12.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd To
1. The Commissioner of Municipality, Ranipet.
2. The Junior Engineer cum Municipal Engineer, Ranipet Municipality, Ranipet.
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