Brightrick Godly.B v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.1958 of 2021 Brightrick Godly

...Petitioner

/Vs./ 1.The District Collector, Kanyakumari District @ Nagercoil.

2.The Regional Director of Municipal Administration, Rampopular Street, Manakavalampillai Nagar, Tirunelveli, Tirunelveli District.

3.The Commissioner, Padmanabhapuram Municipality, Kanyakumari Distirct.

.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd Respondent herein to disburse the arrears of the bill amount payable to the petitioner's father in respect of work done by him including earnest money deposit, caution deposit for a sum of Rs.14,30,251/- made before the 3rd Respondent herein with interest to the petitioner in the light of the proceedings passed by the 3rd Respondent vide Na.Ka.No. 2245/2014/E1 dated 27.12.2017 within a time frame fixed by this Court.

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For Petitioner : Mr.B.Brijesh Kishore For Respondents : Mr.B.Saravnan (R1) Additional Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus, directing the third respondent to repay the sum of Rs. 14,30,251/- in the light of the proceedings dated 27.12.2017 within a time frame fixed by this Court.

2. Heard Mr.B.Brijesh Kishore, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader for the first respondent.

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that out of the total amount of Rs.14,30,251/-, the petitioner has been paid a sum of Rs.5,80,000/- by way of installments during the pendency of this writ petition and the balance amount is yet to be paid.

4. It is also clear from the proceedings dated 27.12.2017 that the amount is due and payable to the father of the petitioner, and on his demise, the 2/4

petitioner is entitled to receive the same. In view of the above, there shall be a direction to the third respondent to pay the balance amount of Rs.8,50,251/- (Rupees Eight Lakhs and Fifty Thousand and Two Fifty One only) with interest at 6% per annum from 2016 till the date of payment of the remaining amount to the petitioner. This payment shall be made to the petitioner within a period of three months from the date of receipt of a copy of this order.

5. This writ petition is disposed of accordingly. No costs. 11.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The District Collector, Kanyakumari District @ Nagercoil.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.1958 of 2021 Dated:

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