R.Balasubramanian v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2020 CORAM :

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY R.Balasubramanian ... Petitioner Vs.

1.The Commissioner, Sivagangai Municipality, Sivagangai.

2.The Director, Local Fund Audit, 4th Floor, Integrated Court Complex Back to Veterinary Hospital, Nandanam, Chennai 600 035.

3.The Regional Director, Municipal Administration, Kochadai, Madurai 625 016.

... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to pay interest for the belated monetary benefits which the writ petitioner is entitled to get. For Petitioner : Mr.N.Tamilmani For R1 : Mr.J.Lawrance For R2 & R3 : Mr.M.Jeyakumar Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the respondents to pay interest for the belated monetary benefits which the writ petitioner is entitled to get.

2. The sole contention of the petitioner in the present writ petition is that the monetary benefit was released belatedly. Therefore, the petitioner is entitled for the interest. In this regard, he has given a representation to the second respondent on 13.08.2020 and 16.09.2020 respectively. The second respondent has sent a reply dated 06.10.2020, to the petitioner stating that only the first respondent can take appropriate action with regard to the payment of interest on the belated payment of monetary benefit to the petitioner. Therefore, the petitioner has made a representation to the first respondent on 08.10.2020. Though he has made a 1/3

representation on 08.10.2020, the same has not been disposed of till date. Hence, the petitioner has approached this Court for appropriate orders.

3. Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondents 2 and 3 submitted that the second respondent vide communication dated 06.10.2020, sent a reply to the petitioner stating that they are not the authority to decide about the payment of interest and only the first respondent is the authority to decide about the payment of interest. Therefore, the first respondent may be directed to dispose of the representation of the petitioner, dated 08.10.2020.

4. Mr.J.Lawrance, learned counsel appearing for the first respondent submitted that the petitioner's representation dated 08.10.2020, will be disposed of on merits and in accordance with law, within a period of six weeks.

5. In view of the submissions made by the learned counsel on either side, this Court directs the first respondent to dispose of the representation of the petitioner dated 08.10.2020, on merits and 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 is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) akv Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Sivagangai Municipality, Sivagangai.

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2.The Director, Local Fund Audit, 4th Floor, Integrated Court Complex Back to Veterinary Hospital, Nandanam, Chennai 600 035.

3.The Regional Director, Municipal Administration, Kochadai, Madurai 625 016.

+1 CC to M/s.J. LAWRANCE, Advocate ( SR-23804[F] dated 03/12/2020 ) +1 CC to M/s.N.TAMIL MANI, Advocate ( SR-23829[F] dated 03/12/2020 ) +1 CC to M/s.GP ( SR-23904[F] dated 03/12/2020 ) 02.12.2020 mj(CO) KK(16.12.2020) 3 P 7C 3/3