Madras High CourtWP(MD)/10107/2021disposed of

Mujibur Rahman v. The Dist.Collector

2023-10-18Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mujibur Rahman ... Petitioner vs.

1.The District Collector, Ramanathapuram.

2.The Commissioner, Ramanathapuram Municipality, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to refund the sum of Rs.10,85,962/- (Rupees Ten Lakhs Eighty Five Thousand Nine Hundred and Sixty Two Only) collected from the petitioner towards the licence fees for the period from 01.06.2020 to 30.09.2020 for the period of four months with reasonable interest from the date of payment till the date of refund within a time frame fixed by this Court or in the alternative directing the second respondent to adjust the sum of Rs.10,85,962/- in the licence fees payable by the petitioner for the year 2021-2022.

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For Petitioner :Mr.T.R.Jeyapalam For R1 :Ms.D.Farjana Ghousia Special Government Pleader For R2 :Mr.A.Kannan *****

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent to consider the representation made by the petitioner on 29.03.2021, wherein, the petitioner is seeking for the licence fees, that was paid by him during period between 01.06.2020 and 30.09.2020 with interest or in the alternate, to adjust the amount towards the licence fees payable by the petitioner for the year 2021-22.

2.Heard Mr.T.R.Jeyapalam, learned Counsel appearing on behalf of the petitioner, Ms.D.Farjana Ghousia, learned Special Government Pleader appearing on behalf of the first respondent and Mr.A.Kannan, learned Counsel appearing on behalf of the second respondent. 3.Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a 2/4

direction to the second respondent to deal with the representation made by the petitioner on 29.03.2021 in line with G.O.(D)No.298, Municipal Administration and Water Supply (MA.IV) Department, dated 02.09.2020 and pass final orders within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order. 4.This Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 18.10.2023 Internet :Yes NCC : Yes/No cmr To The District Collector, Ramanathapuram.

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N.ANAND VENKATESH, J.

cmr 18.10.2023 4/4