M.Gunasekaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23 of 2013 and M.P.No.1 of 2014 M.Gunasekaran ... Petitioner vs.

1. The Commissioner, Mettur Municipality, Mettur, Salem District.

2. The Commissioner, Municipal Office, Namakkal, Namakkal District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus directing the respondent to implement the order passed by the respondent in Na.Ka.No.363/2005-H1, dated 30.08.2005 thereby direct the respondent to repay Rs.52,639/- with interest at the rate of 18% p.a. From 30.08.2005 till the date of payment. For Petitioner : M/s. A.R.Nixon For Respondents: Mr.S.Saravanan for R1 No Appearance for R2

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents to implement the order passed by the respondents in proceeding Na.Ka.No.363/2005-H1, dated 30.08.2005 and to direct the respondents to repay the amount of Rs.52,639/- with interest.

2. The learned counsel appearing on behalf of the first respondent relying on the counter statement filed by the first respondent made a submission that, the petitioner has requested to pay the arrears of difference amount of Rs.52,639/- as per the proceeding of the first respondent dated 30.08.2005.

3. However, the authorities have already considered the greivances of the petitioner and the balance of difference in https://hcservices.ecourts.gov.in/hcservices/

payable to the writ petitioner amounting to Rs 43,443/- was paid to the writ petitioner by way of a cheque bearing No.1519 dated 12.07.2016 drawn on Indian Bank, Mettur, which was encashed by the writ petitioner on 27.07.2016.

4. In the view of the fact that, the difference amount as claimed by the writ petitioner has been settled as per the calculations of the respondent, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition. If at all any other grievances exist for the writ petitioner, it is left open to him to approach the competent authorities for redressel.

5. Accordingly, the writ petition stands closed. There shall be no order as to Costs.

pkn Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar To

1. The Commissioner, Mettur Municipality, Mettur, Salem District.

2. The Commissioner, Municipal Office, Namakkal, Namakkal District.

+ 1 CC TO MR.S.SARAVANAN, ADVOCATE SR 64929 KR/9/10/18 W.P.No.23 of 2013 and M.P.No.1 of 2014 https://hcservices.ecourts.gov.in/hcservices/