Ramasamy. Pr. v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) Dr.PR.Ramasamy ... Petitioner Vs.

1.The District Collector, Trichirappalli, Collectorate Compound, Cantonment, Trichirappalli 620 001 2.The District Treasury Officer, District Treasury Office, Collectorate Compound, Cantonment, Trichirappalli 620 001

3. The Corporation Commissioner, Trichirappalli City Corporation, Corporation Commissioner's Office, No.58, Bharathidasan salai, Trichirappalli 620 001

4) The Director, Town and Country Planning, Head Office, No.807, Anna Salai, Chennai 600 002

5) The Deputy Director, Town and Country Planning, Trichy Region, Kajamalai Main Road, Kajamalai, Trichirappalli 620 023 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 5 to refund to the petitioner the sum of Rs.1,38,850/- which was mistakenly deposited by the petitioner in favour of 2nd respondent and subsequently synchronised with District Treasury`s account no.20C .

For Petitioner : Mr.K.S.Kathiravan For Respondents : Ms.M.Rajeswari, Government Advocate ****** 1/3

O R D E R

This Writ Petition was filed for a Writ of Mandamus directing the respondents 2 to 5 to refund a sum of Rs.1,38,850/- to the petitioner which was deposited by the petitioner by mistake in favour of the second respondent.

2. When the matter was taken for hearing on 20.04.2021, this Court directed the learned Government Advocate to take instructions and report before this Court. The learned Government Advocate, on instructions, submitted that the fifth respondent has already given a letter to the Finance Department on 12.05.2020 followed by a reminder on 15.03.2021 and the amount will be refunded to the petitioner at the earliest point of time.

3. Heard Mr.K.S.Kathiravan, learned counsel for the petitioner and Ms.M.Rajeswari, learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the steps taken by the fifth respondent to get the amount refunded to the petitioner, there shall be a direction to the fifth respondent to co-ordinate with the concerned Department and ensure that the amount of Rs.1,38,850/- is refunded to the petitioner within a period of eight(08) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the fifth respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sts NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, Trichirappalli, Collectorate Compound, Cantonment, Trichirappalli 620 001 2.The District Treasury Officer, District Treasury Office, Collectorate Compound, Cantonment, Trichirappalli 620 001

3. The Corporation Commissioner, Trichirappalli City Corporation, Corporation Commissioner's Office, No.58, Bharathidasan salai, Trichirappalli 620 001

4) The Director, Town and Country Planning, Head Office, No.807, Anna Salai, Chennai 600 002

5) The Deputy Director, Town and Country Planning, Trichy Region, Kajamalai Main Road, Kajamalai, Trichirappalli 620 023 +1 CC to M/s.K.S.KATHIRAVAN, Advocate SR-18171[F] dated 30/04/2021 Order made in W.P.(MD) No.4928 of 2021 Dated: 28.04.2021 KMK(CO) TR(18.06.2021) 3P 7C 3/3