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Madras High CourtWP(MD)/12650/2020disposed of

N. Kannan v. The Commissioner

2020-10-13Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.12650 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.12650 of 2020 N.Kannan .. Petitioner Vs.

The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus directing the respondent to disburse the final amount of Rs.20,10,000/- with interest for the works of installation of paver block at Ward No.31, Kattunayakkan Street, Ward No.6, Krishnankovil Madastreet, Ward No.27, Maraseenivilai Cross street and rainwater drainage stream, completed and handed over to the respondent in the year 2016. For Petitioner : Mr.F.Deepak For Respondent : Mr.P.Athimoola Pandian *******

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to disburse the final amount of Rs.20,10,000/- with interest for the works of installation of paver block at Ward No.31, Kattunayakkan Street, Ward No.6, Krishnankovil Madastreet, Ward No.27, Maraseenivilai Cross street and rainwater drainage stream, completed and handed over to the respondent in the year 2016.

2. Mr.P.Athimoola Pandian, learned counsel accepts notice for the respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

3. As seen from the affidavit filed in support of the writ petition, there are disputed questions of facts involved. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.12650 of 2020 petitioner seeks for payment of a sum of Rs.20,10,000/- for the work done by him with regard to the installation of paver blocks and completion of rain water drainage stream. However, a limited relief can be granted by this Court, since the petitioner has already given his representation on 07.09.2020 to the respondent calling upon him to pay the aforesaid amount, which has not been admittedly considered by the respondent.

4. Accordingly, this Court directs the respondent to consider the petitioner's representation, dated 07.09.2020 seeking for the payment of a sum of Rs.20,10,000/- together with interest for the installation works performed by him at Ward No.31, Kattunayakkan Street, Ward No.6, Krishnankovil Mada Street, Ward No.27, Maraseenivilai Cross street and pass final orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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.

To The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

+1 CC to M/s.F. DEEPAK, Advocate ( SR-19994[F] dated 14/10/2020 ) Order made in W.P(MD).No.12650 of 2020 Dated: 13.10.2020 CK(CO) TR(03.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2