Madras High CourtWP(MD)/808/2018disposed of

P.Murali, S/O.Periyasamy, v. The Commissioner,

2018-01-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.808 of 2018 P.Murali ... Petitioner -VsThe Commissioner, Madurai Corporation, Madurai.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to refund the remaining withheld amount and the amount for the period 2015-2017 of the petitioner such as EMD and security deposit for the works executed by the petitioner. For Petitioner : Mr.J.Anandkumar For Respondent : Mr.T.S.Mohammed Mohideen

ORDER

The petitioner is the registered contractor with the respondent / Corporation and completed some civil works. After completion of works, the security deposit was not refunded to him. Hence, the petitioner approached this Court by way of Writ Petition in W.P.(MD)No.13043 of 2016. This Court, by an order dated 25.07.2017, disposed the Writ Petition based on the submissions made by the learned counsel for the respondent / Corporation that the proposals have been sent for approval for refund of security deposit and the same will be settled within a period of eight weeks. Subsequently, on 06.10.2017, the respondent / Corporation paid only Rs.

64,39,172/-(Rupees Sixty Four lakhs Thirty Nine Thousand One Hundred and Seventy Two only) and also requested the petitioner if any further amount is due from the Corporation, the petitioner can make a proper representation along with the particulars and the same will be considered. Thereafter, the petitioner sent another representation on 18.11.2017 claiming some amount is due from the Corporation and also given all the particulars. Even though the respondent / Corporation received the representation, so far, he did not pass any order. Hence, the petitioner has filed the present Writ Petition.

2.Considering the fact that as per the directions of the Corporation, the petitioner given all particulars, the respondent is directed to consider the representation of the petitioner and pass https://hcservices.ecourts.gov.in/hcservices/

orders, after affording opportunity to the petitioner, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

3.This Writ Petition is disposed of accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar +1CC to Mr.T.S.Mohamed Mohideen, Advocate, SR.No. 42079 W.P(MD)No.808 of 2018 12.01.2018 Myr AM/KK/SAR 1/29.01.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/