Pitchaimani v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22237 of 2023:- Pichaimani ... Petitioner Vs

...Respondent

W.P(MD)No.22238 of 2023:- Balaji Construction, Through its Proprietor, Karunakaran, First Class Contractor, No.15, Kalai Nagar third class Street, Kalai Nagar, Madurai - 625 017.

... Petitioner Vs 1/6

...Respondent

W.P(MD)No.22239 of 2023:- C.Sathiyaseelan ... Petitioner Vs

...Respondent

PRAYER W.P(MD)No.22237 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 14.07.2023 and direct the respondent to issue the deposit amount Rs.21,63,960/- which was deposited by the petitioner, in the name and style of Pichaimani First Class Contractor, and the petitioner's Contract licence No.Ma.Po. 2/23703/2019 and his registered Number is 125 for the public work for the period of 2019 to 2022.

PRAYER W.P(MD)No.22238 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the 2/6

petitioner's representation dated 18.07.2023 and direct the respondent to issue the deposit amount Rs.8,29,050/- which was deposited by the petitioner, in the name and style of Balaji Construction, First Class Contractor, and the petitioner's Contract licence No.Ma.Po.4/01183/2010 and his registered Number is 47 for the public work for the period of 2018 to 2020. PRAYER W.P(MD)No.22239 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 26.07.2023 and direct the respondent to issue the deposit amount Rs.13,60,819/- which was deposited by the petitioner, in the name and style of Sathiyaseelan First Class Contractor, and the petitioner's Contract licence No.Ma.Po.2/24956/2015 and his registered Number is 95 for the public work for the period of 2015 to 2020.

For Petitioner : Mr.K.Poovalingam For Respondents : Mr.K.K.Kannan Standing Counsel C O M M O N O R D E R The petitioners said to have performed certain contracts in the respondent Corporation and completed the work assigned to 3/6

them for the years 2019 to 2022, 2018 to 2020 and 2015 to 2020 respectively. The grievance of the petitioners is that though they have completed their work as per the terms of the contract and the works have also been accepted by the respondent, the respondent Corporation has not refunded the deposit amount to the petitioners. Therefore, the petitioners have submitted representations on 14.07.2023,18.07.2023 and 26.07.2023 and filed these writ petitions for a Mandamus, directing the respondent to consider their representations.

2.Mr.K.K.Kannan, learned Standing Counsel, who takes notice for the respondent Corporation submits that an audit for the above period has not been completed and therefore, the amount deposited by the petitioners has not yet been returned to them. 3.Considering the limited prayer sought for by the petitioners, these writ petitions are disposed of with a direction to the respondent Corporation to consider the representations of the 4/6

petitioners as per the terms and conditions of the contract and take a decision within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

13.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 5/6

B.PUGALENDHI, J.

vrn Common Order made in 13.09.2023 6/6