Varatharajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Varatharajan ... Petitioner -vsThe Commissioner Tiruppur Corporation Tiruppur.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to dispose the representation dated 31.07.2023 with regards to refund the amount a sum of Rs.5,98,000/-.

For Petitioner :

Mr. J.Franklin For Respondent :

Mr. Abishek Murthy, Standing Counsel

O R D E R

Heard Mr. J.Franklin, Learned Counsel for the Petitioner and Mr. Abishek Murthy, Learned Standing Counsel, who takes notice for the 1/4

Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had made a representation dated 31.07.2023 to refund the amount a sum of Rs. 5,98,000/-, towards security deposit of lease of shop taken by him, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 31.07.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, 2/4

an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.03.2024 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

08.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.01.2024.

Maya 3/4

P.D. AUDIKESAVALU, J.

Maya To The Commissioner Tiruppur Corporation Tiruppur.

Copy to 1.Varatharajan, S/o. Arunachalam, No.37/31, Padmavathipuram, 2nd Street, Gandhinagar, Tiruppur 641 603.

2.The Registrar (Judicial) Madras High Court, Chennai 600 104.

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