← Library
Madras High Court/196/2024disposed of

The Commissioner v. D Karuppusamy

2025-07-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Review Application(W) No.196 of 2024 and W.M.P.No.35136 of 2024 The Commissioner, Kancheepuram City Municipal Corporation, Hospital Road, Kancheepuram - 631 502.

... Petitioner Vs.

D.Karuppusamy Proprietor of M/s.S.S.Engineers, 3/6, Kamadenu Nagar, Vadavalli, Bharathiar University Post, Coimbatore - 641 041.

... Respondent Prayer : Petition filed under Order XLVII Rule-1 r/w Section 114 of Code of Civil Procedure, to review the order dated 27.09.2024 made in W.P.No.28288 of 2024 by directing the respondent to submit remarks/explanation to the audit paras received on 12.04.2024 within a time frame stipulated by this Court to dispose of the representation of the respondent on merits in accordance with law.

For Petitioner : Mr.RA.Gopinath For Respondent : Mr.G.Venkatesh

ORDER

This petition has been filed to review the order dated 27.09.2024, passed by this Court in W.P.No.28288 of 2024, thereby directing the petitioner to disburse the retention money to the tune of Rs.78,33,780/- to the respondent herein within a period of eight weeks.

2. The respondent filed the above Writ Petition for direction directing the petitioner herein to dispose of the representation submitted by the respondent seeking disbursal of the retention amount of Rs.78,33,780/- towards the works completed by the respondent. This Court by an order dated 27.09.2024, while disposing the Writ Petition, directed the petitioner to disburse the retention money to the respondent within a period of eight weeks. To review the said order, the present Review Application has been filed by the petitioner.

3. The learned counsel appearing for the petitioner submitted that though the petitioner is ready to disburse the amount, there is an audit objection that the respondent failed to pay ESI and EPF remittances for his labourers.

4. The learned counsel appearing for the respondent submitted that they already paid the ESI and EPF contribution to the labourers. However, the

respondent failed to produce any proof for the payment of ESI and EPF amount before this Court.

5. Considering the above facts and circumstances, the petitioner is directed to disburse the retention money to the tune of Rs.78,33,780/- to the respondent on production of proof for the payment of ESI and EPF amount to the labourers.

6. With the above directions, the Review Application stands disposed of. Consequently, connected miscellaneous petition is also closed. There shall be no order as to cost.

02.07.2025 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN, J.

rts Review Application(W) No.196 of 2024 and W.M.P.No.35136 of 2024 02.07.2025