Madras High CourtWP(MD)/14150/2017disposed of

M/S.A.1 Bright Construction, v. The Commissioner,

2017-07-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14150 of 2017 M/s.A1 Bright Construction, Partner Mohammed Arief.

... Petitioner Vs.

The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai - 625 002.

... Respondent PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 14.07.2017 and direct the respondent to issue the deposit amount Rs.26,14,687/- which was deposited by the petitioner in the name and style of M/s.A1 Bright Construction, Third Class Contractor, contract Licence No.Ma.Po.4/13408/16 in registered No.30 for the public work for the period of 2008 to 2017.

For Petitioner : Mr.G.Anbusaravanan.

For Respondent : Mr.R.Prabhu Ramachandran.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondent to refund the deposit amount, which was deposited by the petitioner as a contractor for the public work, based on the petitioner's representation dated 14.07.2017. 2.Mr.R.Murali, learned counsel takes notice for the respondent.

3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. 4.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 5.The petitioner is a second class contractor. The respondent Corporation has given contract to the petitioner for

more than 107 works, for which, he deposited Rs.26,14,687/- and after completion of the work, he made several representations for refund of the same. Since the same have not been considered so far, the petitioner is before this Court.

6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 14.07.2017, is disposed of by the respondent as per law. 7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 14.07.2017 and if no refund is effected, the refund should be effected within a period of four weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai - 625 002.

+1cc to M/S. R.PRABU RAMACHANDRAN, Advocate, SR.No.68796. +1cc to M/S. G.ANBU SARAVANAN, Advocate, SR.No.68915. +1cc to Special Government Pleader, SR.No.69712. ORDER MADE IN W.P(MD)No.14150 of 2017 31.07.2017 smn SDS/JC/SAR 4/07.08.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/