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Madras High CourtWP/5870/2023disposed of

M/S.Star Associates v. The Managing Director

2023-02-27Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.5870 of 2023 and W.M.P.No.5872 of 2023 M/s.Star Associates Rep. by its Managing Partner, S.R.Venkat Vel, having his office at No.84, Indian Bank Colony, Annex 1st Street, Narasoothipatty, Salem - 636 004.

.. Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram - 605 602.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in its Aa.Ku.No.271-11/A1 (Katty) / TNTC / Ka.Ma / 2022 (registered post) dated 06.02.2022 and quash the same and consequently, direct the respondent to refund the 6 months Security Deposit of Rs.27,77,250/- and Earnest Money Deposit of Rs.2.50 lakhs to the petitioner in the light of the representation dated 21.02.2022 and 10.01.2023.

For Petitioner .. Mr.V.Vijay Shankar For Respondent .. Mr.M.Aswin

ORDER

This writ petition has been filed in the nature of Certiorarified Mandamus, questioning the order of the respondent dated 06.02.2022 in Aa.Ku.No.271-11/A1 (Katty) / TNTC / Ka.Ma / 2022, whereby, the respondent had forfeited the earnest money deposited by the petitioner herein. The petitioner had subsequently given representations on 21.02.2022 and 10.01.2023.

2. The learned counsel takes notice on behalf of the respondent. Instead of precipitating the issue further, the petitioner had taken a conciliatory method by giving a representation to reconsider the order now impugned.

3. Though the writ petition is for Certiorarified Mandamus, I would rather direct the respondent to consider the representations given by the

petitioner herein on the aforementioned dates. Let the respondent invite the petitioner and examine whether the issue can be setted amicably.

4. The writ petition stands disposed of.

5. I am not entering into a discussion on merits, since my observation would play on the minds of both the petitioner and the respondent, if so done.

6. The respondent may complete the exercise of such examination of said representations of the petitioner, within a period of six weeks from the date of receipt of a copy of this order. The respondent may also communicate to the petitioner, the opinion.

7. No costs. Consequently, connected miscellaneous petition is closed.

27.02.2023 Index:Yes/No Internet:Yes/No ata

C.V.KARTHIKEYAN,J.

ata To The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram - 605 602.

W.P.No.5870 of 2023 27.02.2023