M/S. Sikora Salvador International Limited v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s. Sikora Salvador International Limited Rep by its authorized signatory, S.Ramakrishnan Office at No.259/1, Bypass Road Poonamallee Chenani - 600 056.
.. Appellant Vs 1 The Member Secretary Chennai Metropolitan Development Authority Egmore, Chennai - 600 008.
2 The Commissioner Poonamallee Municipality Poonamallee Chenani - 600 056.
3 Tamil Nadu Construction Welfare Board No.8 Valluvar Kottam High Road Nungambakkam, Chennai-600034.
.. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order 13.4.2023 passed in W.P.No.31836 of 2023 by the learned Single Judge.
For the Appellant : Mrs.Reshmi Christy
JUDGMENT
(Delivered by the Hon'ble Chief Justice) The appellant had filed a writ petition to direct the second respondent to refund the amount remitted towards building approval and other infrastructural charges, i.e., Rs.19.50 lakh, by considering the appellant's representation dated 15.7.2022.
2. Mrs.Reshmi Christy, learned counsel for the appellant, submits that, in a similar matter filed by another similarly situated person, the learned Single Judge had allowed the writ petition directing the Municipal Council to refund the amount. The Court ought to have passed an order directing the
Municipality to refund the amount. It is submitted that an arbitration award is also passed in favour of the appellant and against the contractor.
3. The learned Single Judge, after going through the conditions and the rival contentions, observed that some of the amounts are refundable and some are not refundable. Disputed questions of fact would arise and as such has directed the Municipality to decide the objection of the appellant within ten weeks and further granted liberty to the appellant to assail the order if passed against the appellant.
4. The Municipality is bound to take a decision upon the representation of the appellant as has been directed by the learned Single Judge of this court in the impugned order. The order of the learned Single Judge is self-explanatory. In the light of that, there is no propriety in entertaining the
present appeal. The writ appeal stands disposed of. All contentions of the appellant on merits regarding the refund of the claim are kept open. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index :
Yes/No Yes/No sasi To:
1 The Member Secretary Chennai Metropolitan Development Authority Egmore, Chennai - 600 008.
2 The Commissioner Poonamallee Municipality Poonamallee Chenani - 600 056.
3 Tamil Nadu Construction Welfare Board No.8 Valluvar Kottam High Road Nungambakkam, Chennai-600034.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 03.07.2023