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Madras High CourtWP(MD)/17915/2017allowed

P.Chandrakala, v. The Commissioner Of Municipal

2025-09-10Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.09.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.14433 of 2017 & 6771 of 2018 P.Chandrakala .. Petitioner Vs.

1.The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai-05.

2.The Regional Director of Municipal Administration, No.294, Melakal Main Road, Kochadai, Madurai.

3.The Commissioner, Municipal Office, Keelakarai, Ramanathapuram District.

4.Chandrasekaran .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 08.09.2017 received on 15.09.2017 in Na.Ka.No.1109/2015/E1 and quash the same and

consequently direct the respondents to refund the amount of Rs. 36,38,328/- deducted by the respondents in respect of the works done under combined development scheme for laying water pipes during 2011-12 from the petitioner's pending bills and other security deposits lying with the 3rd respondent forthwith.

For Petitioner : Mr.J.Anandkumar For R1 & R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 & R4 : Mr.K.Saravanan

ORDER

This writ petition is filed for the following relief: "to call for the records relating to the impugned order dated 08.09.2017 received on 15.09.2017 in Na.Ka.No. 1109/2015/E1 and quash the same and consequently direct the respondents to refund the amount of Rs. 36,38,328/- deducted by the respondents in respect of the works done under combined development scheme for laying water pipes during 2011-12 from the petitioner's pending bills and other security deposits lying with the 3rd respondent forthwith."

2. The order impugned in the writ petition has been passed without any notice to the petitioner. Therefore, considering the fact that no opportunity has been given to the petitioner to explain his stand and as the impugned order is violative of principles of natural justice, the same is set aside and the matter is remitted back to the 3rd respondent. The 3rd respondent is directed to issue fresh notice to the petitioner and after affording an opportunity of personal hearing to submit his explanation, shall pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order.

3. In view of the above, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 10.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai-05.

2.The Regional Director of Municipal Administration, No.294, Melakal Main Road, Kochadai, Madurai.

3.The Commissioner, Municipal Office, Keelakarai, Ramanathapuram District.

P.T.ASHA, J.

gbg 10.09.2025