Madras High CourtWP(MD)/12505/2016disposed of

Bholanath R.Shukla, v. Airports Authority Of India

2023-03-31Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P(MD).No.9455 of 2016 Bholanath R.Shukla, Proprietor, M/s.S.S.Enterprises, Flat No.101, B-Wing, Jupiter Apartment, Poonam Sagar Complex, Mira Road (E), Thane-401 107, Mumbai.

... Petitioner Vs.

Airports Authority of India, Through the Airport Director, Madurai Airport, Madurai-625 002. ... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the respondent comprised in the order dated 05.04.2016 bearing Ref:AAI/MDU/C-64/2016/1750-52 and quash the same as illegal, arbitrary and unconstitutional and consequently direct the respondent to forthwith sign the contract by identifying and allotting a space in Madurai Airport in accordance with the letter under No.AAI/MDU/C-64, 530-37 dated

23.01.2015.

For Petitioner :Mr.R.Sathish Kumar For Respondent :Mr.C.Godwin

O R D E R

A communication dated 05.04.2016 of the Airports Authority of India was assailed.

2. Due to efflux of time, learned counsel for the petitioner submits that the writ petition has been rendered substantially infructuous. However, by drawing my attention to the impugned order, he submits that the respondent had agreed to refund the security deposit amount of Rs.1,86,660/- (Rupees One Lakh Eighty Six Thousand Six Hundred and Sixty only). If such amount has not been refunded as on date, he makes a request that the respondent may be directed to refund the said amount. The said request of the petitioner is reasonable and liable to be acceded to. Consequently, W.P(MD).No.12505 of 2016 is disposed of by directing the respondent to refund a sum of Rs.1,86,660/- (Rupees One Lakh Eighty Six

Thousand Six Hundred and Sixty only), if not already refunded, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Connected W.M.P(MD).No.9455 of 2016 is closed.

31.03.2023 NCC :No Internet :Yes Index :No ssb To Airports Authority of India, Through the Airport Director, Madurai Airport, Madurai-625 002.

SENTHILKUMAR RAMAMOORTHY, J.

ssb 31.03.2023