Madras Engineering Technical Center(Metc), v. The Commissioner Of Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20912 of 2023 M/s.Madras Engineering Technical Center (METC) Rep.by its Proprietor Mr.Thiyagarajan.K.

No.75, Tiruvalluvar Salai Teynampet Chennai 600 018.

...Petitioner

Vs.

1.The Commissioner of Municipal Administration Ezhilagam Annex, 6th Floor Chepauk Chennai 600 005.

2.The District Collector Thanjavur District Thanjavur.

3.The Commissioner Thanjavur Corporation Thanjvur.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to pay the pending EMD and SD amounts of Rs.11,00,000/- with interest of 12% per annum based on the representation dated 03.05.2023. 1/4

For Petitioner : Mr.D.Ashokkumar For Respondents : Mrs.S.Anitha Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the third respondent to pay the EMD and SD amounts of the petitioner to the tune of Rs.11,00,000/- with interest at 12% per annum based on his representation dated 03.05.2023.

2. It is the case of the petitioner that they provided service to the third respondent for Municipal Solid Waste Management. The services of the petitioner was utilized by the third respondent municipality for the period between 2013 & 2014. The main grievance of the petitioner is that till date EMD of the petitioner amounting to a sum of Rs.11,00,000/- has not been refunded.

3. The petitioner submitted various representation to the third respondent seeking refund of the said amount, but the same has not been considered.

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4. Though in the writ prayer the petitioner sought for refund of the amount based on his representation dated 03.05.2023, at the time of argument the learned counsel for the petitioner stated that if a direction is issued to the third respondent to consider his representation dated 27.06.2023, he will be satisfied.

5. In view of the limited prayer made by the learned counsel for the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 27.06.2023 on merits and in accordance with law and pass final orders, within a period of six weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

14.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 3/4

S.SOUNTHAR , J.

dna To 1.The Commissioner of Municipal Administration Ezhilagam Annex, 6th Floor Chepauk Chennai 600 005.

2.The District Collector Thanjavur District Thanjavur.

3.The Commissioner Thanjavur Corporation Thanjvur.

W.P No.20912 of 2023 14.07.2023 4/4