M.Veluchamy, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30.08.2016 Coram THE HON'BLE MR.JUSTICE T.RAJA Writ Petition (MD)No.16250 of 2016 M.Veluchamy . . .

Petitioner -VsThe Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

. . . Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to refund the deposit amounts of Rs. 4,55,000/- and Rs.1,25,000/- (Totally Rs.5,80,000/- to the petitioner, by considering his representation dated 18.07.2016. For petitioner :Mr.M.Solaisamy For respondents :Mr.P.Srinivas

ORDER

The petitioner claims to be one of the Class-I Contractors, for laying roads, constructing buildings, water tanks etc. He has been doing contract works for the last 15 years. Whileso, he was also allotted work order during the year 2011-2012 in the respondent Municipality. The details of which also has been given in the affidavit as under:

Sl.No Details of work Estimate Rs.

Deposited Rs.

1.

I.D.U.M 2011-2012, Scheme, Construction of Over Head Tank at Paramakudi Municipality 100.00 lakhs Rs.4,55,000/- 2.

I.D.U.M.

2011-2012, Scheme, streamline the drainage channel at Mandapam-Madurai Road.

50.00 lakhs Rs.1,25,000/- Total 105.00 lakhs Rs.5,80,000/- https://hcservices.ecourts.gov.in/hcservices/

2. After completion of the works, he has approached the respondent in person to get back his deposit amount. But the respondent did not consider his request. Hence, he made a representation on 18.07.2016 seeking refund of deposit amounts of Rs.4,55,000/- and Rs.1,25,000/- along with a note put up by the Assistant in the Engineering Section of the Respondent Corporation so that he can claim refund of the deposit amount. In spite of the above, the petitioner has not been given back the deposit amount. Therefore, he has come to this Court. 3.Mr.P.Srinivas, Learned Standing counsel taking notice for the respondent, sought time for considering the pending representation made by the petitioner, dated 18.07.2016. 4.

Considering the above submissions, the Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District is directed to consider the case of the petitioner, on the basis of his representation, dated 18.07.2016 and pass appropriate orders, within a period of four weeks from the date of receipt of copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Commissioner, Paramakudi Municipality, Paramakudi,Ramanathapuram District.

+1 cc to Mr.P.Srinivas,Advocate, Sr.No: 48322 JAM/DB/16.09.16/ 2p-3c W.P.(md).NO.16250 of 2016 30.08.2016 https://hcservices.ecourts.gov.in/hcservices/