N.Ravichandran v. The Principal Government Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.12011 of 2024 N.Ravichandran ... Petitioner Vs.

1.The Principal Government Secretary, Municipal Administration and Water Supply Department, Chennai - 09.

2.The Commissioner of Municipal Administration / Water Supply Department, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 28.

3.The District Collector, Collectorate, Tenkasi District.

4.The Commissioner, Kadaiyanallur Municipality, Tenkasi District.

... Respondents 1/4

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to re-fund the Earnest Money Deposit (EMD), Additional Security Deposit (ASD) withheld amounts of Rs.37.86 Lakhs for the works done by the petitioner with an interest of 8 percent till the payment of money and within the time frame fixed by this Court.

For Petitioner : Mr.C.Narendren For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.Rajendran Standing Counsel for R.4

ORDER

Heard both sides.

2.The petitioner had carried out contract works for the fifth respondent local body. He wants refund all the Earnest Money Deposit (EMD) and Additional Security Deposit (ASD).

3.When the matter was taken up for hearing, the learned Standing Counsel appearing for the local body submitted that within three months, the said amount will be refunded. If the fourth respondent refunds the 2/4

amount within the aforesaid time limit, it will not carry interest. Otherwise, it will carry interest at the rate of 6% per annum from when the cause of action originally arise.

4.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 08.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Principal Government Secretary, Municipal Administration and Water Supply Department, Chennai - 09.

2.The Commissioner of Municipal Administration / Water Supply Department, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 28.

3.The District Collector, Collectorate, Tenkasi District.

3/4

G.R.SWAMINATHAN,J.

MGA 08.07.2024 4/4