Madras High CourtWP(MD)/16719/2018disposed of

P.Annalakshmi v. The Commissioner,

2018-07-30Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16719 of 2018 P.Annalakshmi ... Petitioner vs.

The Commissioner Madurai Corporation Aringnar Anna Maligai Madurai ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to consider the petitioner's representation dated 12.03.2018 and direct the respondent to issue the deposit amount Rs.1,06,63,371/- which was deposited by the petitioner in the name and style of P.Annalakshmi 3rd Class Contractor Petitioner's contract License No. k.ngh.4/10256/17 in registered No.77 for the public work for the period of 2005 to 2018.

For Petitioner :

Mr.G.Anbusaravanan For Respondent :

Mr.Prabhu Ramachandran Standing Counsel

ORDER

Mr.Prabhu Ramachandran, learned Counsel, takes notice for the respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 12.03.2018 seeking to direct the respondent to consider the petitioner's representation dated 12.03.2018 and direct the respondent to issue the deposit amount Rs.1,06,63,371/- which was deposited by the petitioner in the name and style of P.Annalakshmi 3rd Class Contractor Petitioner's contract License No. k.ngh.4/10256/17 in registered No.77 for the public work for the period of 2005 to 2018, has not been considered by the respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to https://hcservices.ecourts.gov.in/hcservices/

dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 12.03.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) +1CC to Mr.G.Anbusaravanan, Advocate, SR.No.75620 W.P.(MD) No.16719 of 2018 30.07.2018 AAV ES/RP/SAR 4/11.09.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/