Madras High CourtWP(MD)/11061/2023disposed of

Murugan v. The Commissioner

2023-07-10Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Murugan ... Petitioner vs.

1.The Commissioner, HR & CE Department, Nungampakkam, Chennai.

2.The Joint Commissioner/ Executive Officer, HR & CE Department, Subramaniya Swamy Temple, Tiruchendur, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to return the deposit amount a sum of Rs.6,41,766/- with interest which was 1/5

deposited for renovation works at Subramaniya Swamy Temple, Tiruchendur.

For Petitioner : Mr.S.Muniyandi For R1 : Mr.S.P.Maharajan Special Government Pleader For R2 : Mr.M.Muthugeethayan *****

O R D E R

This writ petition is filed for writ of Mandamus, to direct the respondents to return the deposit amount of Rs.6,41,766/- with interest which was deposited for renovation works at Subramaniya Swamy Temple, Tiruchendur.

2. When the writ petition was taken up for hearing the learned Counsels appearing for the 2nd respondent submitted that the petitioner is eligible only for Rs.3,88,763/- and the respondents have already paid Rs. 2/5

3,50,000/- and the 2nd respondent would be paid the balance amount of Rs.33,763/- within a period of three weeks.

3. However for the balance amount, the petitioner may be directed to work out the remedy as per law, since the 2nd respondent is disputing the eligibility.

4. On instructions, the learned Counsel for the petitioner submitted that the petitioner has submitted a representation for the balance amount and the respondents may be directed to consider the same.

5. Therefore this Court is directing the 2nd respondent to pay the balance amount of Rs.33,763/- within a period of three weeks. The respondents are also directed to consider the petitioner's representation 3/5

and pass orders in accordance to law within a period of eight weeks. After consideration if the petitioner is eligible, the same shall be paid.

6. With the above said observation, the writ petition is disposed of. No costs.

10.07.2023 Index :

Yes / No Internet : Yes NCC : Yes / No Tmg To The Commissioner, HR & CE Department, Nungampakkam, Chennai.

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S.SRIMATHY, J Tmg 10.07.2023 5/5