Murali v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Murali ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai - 625 020.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to disburse the EMD, AEMD and WHA amount for the works completed by the petitioner, by considering the representations of the petitioner dated 22.04.2023 and 30.05.2024.

For Petitioner : Mr.J.Anandkumar For Respondent : Mr.S.Devasena

ORDER

This Writ Petition came to be filed, directing the respondent to disburse the EMD, AEMD and WHA amount for the works completed by the petitioner, by considering his representations dated 22.04.2023 and 30.05.2024.

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2.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

3.Without going into the merits, this Court hereby direct the third respondent to consider the petitioner's representations dated 22.04.2023 and 30.05.2024, and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.

4.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

15.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 2/4

To The Commissioner, Madurai Corporation, Madurai - 625 020.

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L.VICTORIA GOWRI, J.

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