Sri Balaji Marketing Exports And Distributors v. The Commisisoner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR M/s Sri Balaji Marketing Exports and Distributors rep.by its Proprietor Mr.M.Gopikrishnan S/o Mr.N.P.A.Murugesan "Thirumalai Illam"
No.9-5/1, Bazaar Street Ayyampalayam, Dindigul District ..
Petitioner v.
1. The Commissioner Kancheepuram (Municipality) Municipal Corporation, Kancheepuram
2. The Director of Municipal Administration and Water Supply Santhome High Road, Chennai
3. Mr.Vinothkumar
4. Mr.Vethachalam
5. Mr.Sundarajan
6. The Commissioner of GST and Central Excise Madurai (R6 suo motu impleaded vide order dated 04.07.2024 in WP.15870/24) ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the representations of the petitioner dated 15.06.2023, 29.08.2023, 23.09.2023 and 22.04.2024 within a stipulated time.
For Petitioner ::
Mr.K.Anbarasan For Respondents ::
Mr.RA.Gopinath Standing Counsel for R1 Mr.M.R.Gokulkrishnan Addl.Government Pleader for R2
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus to the first respondent to pass orders on the representations of the petitioner dated 15.06.2023, 29.08.2023, 23.09.2023 and 22.04.2024 within a stipulated time.
2. The petitioner states that he participated in the supply order by the
first respondent and awarded contract for supply of materials like PPE kit, gloves and lysol utilized for the purpose of protection given to the public during Covid. The petitioner has produced before this Court a few invoices and submitted that the petitioner was not paid money towards the supply of goods as seen from the invoices.
3. This Court, after going through the invoices, is unable to find support from the materials, actual supply. The value shown for each item supplied by the petitioner is on the higher side. Therefore, this Court is unable to entertain this writ petition under Article 226, as the genuineness of the claim cannot be adjudged by this Court. Hence, the writ petition is dismissed giving liberty to the petitioner to approach the civil Court for recovery of money, if it is due on actual supply against placement of orders. Consequently, W.M.P.No.17304 of 2024 is also dismissed. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 22.07.2024 ss To
1. The Commissioner Kancheepuram Municipal Corporation Kancheepuram
2. The Director of Municipal Administration and Water Supply Santhome High Road, Chennai
3. The Commissioner of GST and Central Excise Madurai
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 22.07.2024