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Madras High CourtWP/26689/2017disposed of

A.M.Vannamaran, v. The District Collector,

2017-10-12Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.26689 of 2017 A.M.Vannamaran ... Petitioner Vs.

1.The District Collector Villupuram District Villupuram.

2.The Tahsildar Villupuram District Marakkanam Taluk.

3.The Asst. Director of Geology and Mines Villupuram District Villupuram.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to refund the security deposit of Rs.28,000/- along with interest at the rate of 24% per annum which was collected in respect of lease granted for stone quarry in S.No.87/1 measuring to the extent of 2.00.0 hectares at Keezharungunam Village, Tindivanm Taluk, Villupuram District aggregating to Rs.87,904/- from the date of expiry of the lease to till date of petitioner's reminder dated 03.08.2017 and subsequently till the entire amount is settled to the petitioner.

For Petitioner : Mr.A.Chandrasekar For Respondents: Mr.P.V.Selvakumar Additional Government Pleader

O R D E R

Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner seeks for a direction to the first respondent to refund the security deposit of Rs.28,000/- along with interest said to have been collected in respect of lease granted for stone quarry in S.No.87/1 measuring to the extent of 2.00.0 Hectares at Keezharungunam Village, Tindivanm Taluk, Villupuram District.

4. The petitioner has already made a representation on 03.08.2017 and the said representation is still pending before the first respondent. This Court, at this stage, is not expressing any view as to whether the petitioner is entitled to refund, as claimed by him, as it is for the first respondent to consider and decide on merits and in accordance with law. Therefore, without expressing any view on the merits of the matter, this writ petition is disposed of, only with a direction to the first respondent to consider the representation of the petitioner and pass orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar mk To 1.The District Collector Villupuram District Villupuram.

2.The Tahsildar Villupuram District Marakkanam Taluk.

3.The Asst. Director of Geology and Mines Villupuram District Villupuram.

+1 CC to Mr.A.Chandrasekaran, Advocate sr 73198. +1 Cc to Govt. Pleader sr 73691.

W.P.No.26689 of 2017 GMI(CO) SP(09/11/2017) https://hcservices.ecourts.gov.in/hcservices/