K.Kutti @ Murugesan v. The State Of Tamil Nadu

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Thiruvengadam, learned counsel for the petitioner, Mr.A.Edwin Prabakar learned State Government Pleader for Respondents 1 and 2 and Ms.Deepa for M/s.P.B.R.Prabhu, learned Standing Counsel for the third respondent Corporation.

2. Learned counsel for the petitioner submits that, pursuant to the orders of this Court the petitioner participated in the tender process, but the petitioner was not allotted any shop on the ground floor though the petitioner was from Handicapped category. The petitioner has been allotted shop on the first floor, which is not feasible for him. The petitioner seeks refund of the Earnest Money Deposit of Rs.10 lakhs deposited by him.

3. Learned Standing Counsel for the third respondent Corporation, on the written instructions of the Assistant Commissioner, Zone-4 submits that considering the circumstances of the case, the Corporation is ready to refund the Earnest Money Deposit amount of Rs.10 lakhs paid by the petitioner for Stall No.59 on receipt of a written application from the petitioner.

4. In the light of the above, the petitioner shall submit a written application for refund of Rs.10 lakhs deposited by him. On receipt of the said application, the Corporation shall refund the said amount within a period of four weeks from date of application filed by the petitioner. It is needless to state that the petitioner will not have any right with respect to Stall No.59 that was allotted to him.

The petition is disposed of accordingly.

(S.V.G., CJ.) (D.B.C., J.) 02.02.2024 KST Note: Issue order copy today (02.02.2024)

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(kst) 02.02.2024