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Madras High CourtWP/13286/2017disposed of

M/S.Kcp Engineers Pvt. Ltd., v. State Of Tamil Nadu,

2017-05-24Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.13286 of 2017 & W.M.P.No.14281 of 2017 M/s KCP Engineers Pvt. Ltd., Rep. By its Managing Director K.Chandraprakash, S/o Krishnakumar, 117-B, Periyar Nagar, Puliyakulam, Coimbatore-641 045.

.... Petitioner - Vs - 1.The State of Tamil Nadu, Rep., by its Principal Secretary to Government, Highway and Minor Ports Department, Secretariat, Chennai-9.

2.The Chief Engineer, National Highways, HRS Campus, 76, Sardharpatel Road, Guindy, Chennai-600 025.

3.The Superintending Engineer, National Highways, Omalur Main Road, Narasothipatty, Alagapuram(PO), Salem-636 004.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order passed in Memo No.Kanakku/The.Ne/MGL/55/2017 on the file of the 2nd respondent dated 25.04.2017, quash the same and direct the respondents to refund the amount already deducted from the petitioner in the name of contribution to the Manual Workers fund Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994. For Petitioners : Mr.S.Doraisamy For Respondents : Mr.S.Diwakar Special Government Pleader

ORDER

Mr.S.Diwakar, learned Special Government Pleader, takes notice for the respondents.

2. By the impugned order, the request of the petitioner to refund the amount already deducted in the name of contribution to the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, was rejected. As against the same, the petitioner approached the first respondent by way of representation dated 12.05.2017, which is pending consideration.

3. The learned counsel appearing for the petitioner submits that though a larger prayer has been sought for, suffice it is to direct the respondents to look into the petitioner's representation dated 12.05.2017 within a reasonable time.

4. Considering the above submission, without going into the merits of the case, the petitioner is directed to send another copy of the representation dated 12.05.2017 to the first respondent along with the copy of this order within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent shall pass appropriate orders on the said representation dated 12.05.2017 within a period of eight weeks thereafter.

5.The writ petition stands disposed of accordingly. No costs.

Sd/- Asst.Registrar (V.O ) /true copy/ Sub Asst. Registrar raa To 1.The Principal Secretary to Government, State of Tamil Nadu, Highway and Minor Ports Department, Secretariat, Chennai-9.

2.The Chief Engineer, National Highways, HRS Campus, 76, Sardharpatel Road, Guindy, Chennai-600 025.

3.The Superintending Engineer, National Highways, Omalur Main Road, Narasothipatty, Alagapuram(PO), Salem-636 004.

+1cc to Mr.S.Doraisamy,Advocate sr.37969 W.P.No.13286 of 2017 ev(co) ss(29/5/2017)