Madras High CourtWP(MD)/3500/2017disposed of

R.Sivakumar S/O V.Rajaram v. The Commissioner

2017-02-28Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.3500 of 2017 R.Sivakumar ... Petitioner Vs.

The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation, dated 13.02.2017 and direct the respondent to issue the deposit amount Rs.19,00,000/-, which was deposited by the petitioner in the name and style of R.Sivakumar first class contractor in contract license No.Ma.Po.4/13408/16 in registered No. 82 for the public work for the period of 2009 to 2017.

For Petitioner :

Mr.G.Anbusaravanan For Respondent :

Mr.T.S.Mohammed Mohideen Standing Counsel

O R D E R

In this writ petition, the petitioner seeks for a direction to the respondent to consider his representation, dated 13.02.2017, seeking for refund of the amount already deposited by him in respect of execution of certain work, as contractor. 2.According to the petitioner, he is entitled to get back the amount so deposited as he has completed the work. 3.Mr.T.S.Mohammed Mohideen, learned standing counsel for the respondent Corporation, who takes notice for the respondent submitted that the request of the petitioner would be considered only after obtaining the audit report.

https://hcservices.ecourts.gov.in/hcservices/ 4.Whether the petitioner's claim for refund of the advance amount is justifiable or not, is for the respondent to consider

and decide and therefore, this Court, at this stage, is not expressing any view on the same. However, the said representation of the petitioner is said to be pending, the respondent is directed to consider the said representation and pass orders on the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

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

+1 cc to M/s.T.S.Mohamed Mohideen, Advocate in SR.No. 11264 +1 cc to M/s.G.Anbusaravanan, Advocate in SR.No. 11289 rj2 CSL/BS/10.03.2017 : 2P/4C W.P.(MD)No.3500 of 2017 28.02.2017 (2/3) https://hcservices.ecourts.gov.in/hcservices/