P.K.R.Ravindrakumar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.9353 of 2019 P.K.R.Ravindrakumar ... Petitioner vs.
The Commissioner, Madurai Municipal Corporation, Madurai.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to disburse the bill amount for the works completed pursuant to the work order dated 06.02.2019 and 07.02.2019 by considering the representation of the petitioner dated 03.04.2019 and 11.04.2019.
For Petitioner :
Mr.J.Anandkumar For Respondents :
Mr.R.Murali, Standing Counsel.
O R D E R
The prayer sought for is for a Mandamus to direct the respondent to disburse the bill amount for the works completed pursuant to the work order dated 06.02.2019 and 07.02.2019 by considering the representation of the petitioner dated 03.04.2019 and 11.04.2019.
2. Heard Mr.J.Anandkumar, learned counsel for the petitioner and Mr.R.Murali, learned standing counsel for the respondent Municipal Corporation, Madurai.
3. The grievance of the petitioner is that, he had taken a contract to complete the work from the respondent Municipality, as per the work orders dated 06.02.2019 and 07.02.2019 and according to the petitioner, the said works have been completed and the bills have been submitted on 03.04.2019. However, the respondent Municipality has not so far cleared the bills.
4. In this regard, the learned counsel for the petitioner submits that, the petitioner's mother is suffering with cancer. Therefore, for the hospital and medical expenses, the petitioner requires adequate funds and he made a representation dated 03.04.2019 requesting the respondent Municipality to clear the bills and settle the payment or release a part of the same for the work done by the petitioner, but the respondent Municipality has not shown any response to the same and it is only under these
circumstances, the petitioner has approached this Court with the aforesaid prayer.
4. Mr.R.Muruali, learned standing counsel for the respondent Municipality would submit that, for the work orders dated 06.02.2019 and 07.02.2019, after verification of the bills submitted by the petitioner to the respondent Municipality, the same will be considered and while considering the bills, verification of the work done by the petitioner will be completed by making thorough inspection as to the quality and then only the bills would be cleared by the respondent Municipality and this exercise would take for a period of eight weeks time.
5. No doubt, eight weeks time is a reasonable one to decide the bills and make payment by the respondent Municipality. Since the learned counsel for the petitioner submits that the petitioner is in urgent need of fund, especially for his mother's treatment, and in that view of the matter the Court is inclined to pass the following order:
"The petitioner's bills for the work completed by him for the respondent Municipality as per his representation dated 03.04.2019 and 11.04.2019 shall be considered and accordingly, decision can be taken with regard to the quantum of amount for which the petitioner is entitled to receive from the respondent Municipality and after ascertaining the same, atleast a part payment of 40% shall be paid by the respondent Municipality to the petitioner within a period of four
(04) weeks and the remaining amount shall be released by the respondent Municipality within a period of eight weeks from the date of receipt of a copy of this order. At any rate, the entire amount shall be disbursed within a period of eight weeks".
6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) Sts
To The Commissioner, Madurai Municipal Corporation, Madurai.
+1CC TO MR.J.ANANDKUMAR, Advocate Sr. No.67661 +1CC TO MR.R.MURALI, Advocate Sr. No.67834 Order made in W.P.(MD) No.9353 of 2019 NR(CO) TR (01.07.2019) 3P 4C