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Madras High CourtWP(MD)/2771/2017disposed of

M.Nagendran v. The Commissioner

2017-02-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No. 2771 of 2017 M.Nagendran ... Petitioner vs.

The Commissioner, Madurai Corporation, Aringar Anna Maligai Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation, dated 02.02.2017 and to direct the respondent to issue the deposit amount Rs.21,19,579/- which was deposited by the petitioner, in the name and style of M.Nagendran, First Class Contractor, in the petitioner's contract Licence No.

k.ngh.4/13408/16 in Registered No.66 for the public work for the period from 2010 to 2017.

For Petitioner : M/s.G.Anbusaravanan For Respondent : Mr.N.Shanmugaselvam Standing Counsel

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation, dated 02.02.2017 and to direct the respondent to issue the deposit amount Rs.21,19,579/- which was deposited by the petitioner, in the name and style of M.Nagendran, First Class Contractor, in the petitioner's contract Licence No. k.ngh.4/13408/16 in Registered No.66 for the public work for the period from 2010 to 2017.

2.Mr.N.Shanmugaselvan, learned Standing Counsel takes notice for the respondent/Corporation.

3.By consent of both parties, the main Writ Petition itself is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

4.The Petitioner, who is a Contractor, had undertaken the works of the respondent/Corporation by making security deposit/additional security deposit for the works taken by him. According to the Petitioner, he has completed the works assigned under the contract and hence he is entitled for the refund of security deposits. In this connection, the Petitioner has given a representation, dated 2.2.2017, seeking for refund of security deposit, which has not been considered till date. Hence the Petitioner has filed the present Writ Petition before this Court. 5.In view of the limited scope of the prayer sought for in this writ petition and without going into the merits of the claim made by the Petitioner, there shall be a direction to the respondent to consider the petitioner's representation, dated 2.2.2017 on its own merits and pass orders on the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Aringar Anna Maligai Madurai.

+1 CC to M/s.N.SHANMUGA SELVAM, Advocate, SR No. 9045 +1 CC to M/s.G.ANBUSARAVANAN, Advocate, SR No.9053 vsn psm/cm-msa/27.02.2017/2p/4c W.P.(MD)No. 2771 of 2017 17.02.2017 https://hcservices.ecourts.gov.in/hcservices/