Kandasamy.M v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Kandasamy ... Petitioner Vs.

The Executive Engineer, Urban/South/Arasaradi - Section Office, Tamil Nadu Electricity Board, S.S.Complex, A.A.Road, Arasardi, Madurai - 16, Madurai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to refund the petitioner's amount which has been remitted by petitioner towards the work namely DCW HT Line, on 31.01.2020 in the light of his representation dated 26.04.2022 within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.R.Sundar For Respondent : Mr.S.Deenadhayalan, Standing Counsel.

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ORDER

Heard the learned counsel on either side.

2.The petitioner has remitted a sum Rs.2,22,150/- towards the petition mentioned work. The said work could not be carried out. Therefore, the respondent was obliged to return the same. Since the deposited amount was not returned even after repeated request, the present writ petition came to be filed. 3.I cannot approve the conduct of the respondent herein. A sum of Rs.2,22,150/- was deposited by the petitioner only for a certain purpose. The respondent has also issued receipt on 31.01.2020. The work should have been finalized and implemented within a reasonable period thereafter. For more than 2 1⁄2 years nothing has happened. Therefore, the respondent is directed to return the aforesaid amount with interest at the rate of 6% per annum within a period of eights weeks from the date of receipt of a copy of this order. 4.The writ petition is allowed on these terms. No costs. 20.06.2022 Index : Yes / No Internet : Yes/ No ias 2/4

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G.R.SWAMINATHAN, J.

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