Madras High CourtWP/24360/2017disposed of

G.Devarajan v. Commissioner Of Municipal

2017-09-12Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.24360 of 2017 G.Devarajan ... Petitioner Vs 1.Commissioner of Municipal Administration, Chepauk, Chennai.

2.Kanchipuram Greater Municipality rep.by it Commissioner Kanchipuram.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to pay Rs.13 50 000/- with interest at the rate of 36% p.a. from the date of completion of work i.e. 13.09.2011 till the date of payment of that amount to the petitioner for construction of overhead water tank at Ambedkar Nagar in Kancheepuram within a reasonable time to be fixed by this Court.

For Petitioner : Mr.R.Neelakandan For Respondents : Mr.O.Selvam, Government Advocate (R1) Mr.G.B.Rajesh, SC (R2)

O R D E R

Mr.O.Selvam, learned Government Advocate, takes notice for the 1st respondent and Mr.G.B.Rajesh, learned Standing Counsel takes notice for the 2nd respondent and by consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 2nd respondent to pay Rs.13,50,000/- with interest at the rate of 36% p.a. from the date of completion of work i.e. 13.09.2011 till the date of payment of the said amount to him for construction of overhead water tank at Ambedkar Nagar in Kancheepuram, within a reasonable time.

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3. The learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 20.07.2017 requesting the 2nd respondent to pay a sum of Rs.13,50,000/- together with interest, however, the 2nd respondent has not passed any order so far.

4. Mr.G.B.Rajesh, learned Standing Counsel, appearing for the 2nd respondent submitted that the 2nd respondent may be directed to consider the petitioner's representation dated 20.07.2017 and pass orders in accordance with law, within six weeks' time.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 20.07.2017 and pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner. With this observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rg To 1.The Commissioner of Municipal Administration, Chepauk, Chennai.

2.The Commissioner Kanchipuram Greater Municipality Kanchipuram.

+1cc to Mr.P.Kumaresan, Advocate, S.R.No.66251 +1cc to Mr.O.Selvam, Advocate, S.R.No.66081 +1cc to Mr.G.B.Rajesh, Advocate, S.R.No.65954 +1cc to the Government Pleader, S.R.Nos.66412 & 66639 W.P.No.24360 of 2017 SVI(CO) CA(04/10/2017) https://hcservices.ecourts.gov.in/hcservices/