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Madras High CourtWP(MD)/9660/2021disposed of

Ravikumar.C.P v. The Commissioner

2021-06-04Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.9660 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.9660 of 2021 C.P.Ravikumar ... Petitioner Vs.

The Commissioner, Madurai Corporation, Arinagar Anna Maligai, Madurai-625 002.

... Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 07.04.2021 and direct the respondent to issue the deposit amount of Rs.1,62,322/- which was deposited by the petitioner and the total amount of Rs.1,62,322/- calculated with 8% interest in the name and style of C.P.Ravikumar, Fifth Class Contractor the petitioner contract License No.k/bgh/12205/2014 in registered No.122 for the public work for the period of 2014 to 2020.

For Petitioner : M/s.G.Anbusaravanan For Respondent : Mr.Prabu Ramachandran

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 07.04.2021 and direct the respondent to issue the deposit amount of Rs.1,62,322/- which was deposited by the petitioner and the total amount of Rs.1,62,322/- calculated with 8% interest in the name and style of C.P.Ravikumar, Fifth Class Contractor the petitioner contract License No.k/bgh/12205/2014 in registered No.122 for the public work for the period of 2014 to 2020.

4. The case of the petitioner is that the petitioner was working as a Fifth Class Contractor in Madurai Corporation. The respondent Corporation gave eleven contract works to the petitioner from the year 2014 to 2020. As per the condition of contract, the petitioner has deposited a sum of Rs.1,62,322/- (Rupees One Lakh Sixty Two Thousand and Three Hundred Twenty Two Rupees Only). After https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.9660 of 2021 completion of contract in time, the petitioner sent a representation for return of the deposited amount of Rs.1,62,322/-. But the respondent Corporation did not consider the representation submitted by the petitioner. Therefore, the petitioner, left with no other option, has approached this Court by filing the present petition.

5. The learned standing counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.

6. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case projected by the petitioner, the respondent is directed to consider the representation of the petitioner dated 07.04.2021, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

Ssb To 1.The Commissioner, Madurai Corporation, Arinagar Anna Maligai, Madurai-625 002.

+1 CC to M/s.R.PRABURAMACHANDRAN, Advocate ( SR-18888[F] dated 07/06/2021 ) Order made in W.P(MD)No.9660 of 2021 04.06.2021 GS (16.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2