G.Munusamy, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 29.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.33187 of 2016 G.Munusamy ... Petitioner -Vs1. The Commissioner, Corporation of Chennai, Chennai - 600 003.

2. The Zonal Officer, Chennai Corporation, Zone-I, Thiruvotriyur, Chennai - 600 019.

3. The Commissioner, Municipal Administration, Ezhilagam Annex, Chepauk, Chennai - 600 005.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent herein to consider and pass orders on the petitioner's representation dated 03.09.2015. For Petitioner :

Mr.S.Annamalai For Respondents :

Mr.G.Anantharangan

O R D E R

The petitioner has come up with the present writ petition for a mandamus, directing the second respondent to consider and pass orders on his representation dated 03.09.2015. 2.It is the case of the petitioner that he was appointed as an Office Assistant in the Kathivakkam Municipality, Ennore, Chennai and retired from service on 28.02.2011 as Revenue Assistant. While he was in service, he applied for housing loan and it was sanctioned by the third

respondent for a sum of Rs.1,55,000/-, which was duly paid by him. According to the petitioner, he has not received any communication from the respondents 2 and 3 with regard to the payment of interest even though he had been stated that the interest would be calculated at the time of payment of last two installments. In this regard, the petitioner made several representations and finally, the representation dated 03.09.2015 was sent to the second respondent to return his original title document. Since the same was not considered so far, left with no other alternative, the petitioner has come up with the present writ petition.

3.I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the petitioner to submit a fresh representation along with a copy of this order to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent to consider the fresh representation of the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks thereafter. It is made clear that this Court has not expressed any opinion with regard to the claim projected by the petitioner and it is for the second respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sri To

1. The Commissioner, Corporation of Chennai, Chennai - 600 003.

2. The Zonal Officer, Chennai Corporation, Zone-I, Thiruvotriyur, Chennai - 600 019.

3. The Commissioner, Municipal Administration, Ezhilagam Annex, Chepauk, Chennai - 600 005.

+1cc to Mr.G.Anantharangan, Advocate, S.R.No.56371 +1cc to Mr.S.Annamalai, Advocate, S.R.No.55963 W.P.No.33187 of 2016 CNR(CO) CA(21/11/2016)