Madras High CourtWP(MD)/22512/2017allowed

B.Senthilkumar v. The Commissioner

2024-02-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM:

THE HONOURABLE MS.JUSTICE B.PUGALENDHI B.Senthilkumar ... Petitioner Vs.

The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai-625 002.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 09.11.2017 and direct the respondent to issue the deposit amount Rs.38,76,164/- interest which was deposited by the petitioner and the total amount of Rs.38,76,164/- calculated with 8% in the name and style of B.Senthilkumar, First Class Contractor, contract Licence No.k.ngh.nj2/35875/2000 in registered No. 66 for the public work for the period of 2009 to 2018. For Petitioner : No appearance For Respondent : Mr.S.Vinayak Senior counsel

ORDER

The petitioner/Contractor, who had executed certain works with the respondent corporation, has filed this writ petition for a mandamus directing the respondents to consider his representation dated 09.11.2017 and to refund the deposit amount of Rs.38,76,164/- together with interest.

2. The petitioner is a First Class Contractor and he has executed certain works in the Madurai corporation. He has also deposited some amount at the time of executing the work. The caution deposit, according to the petitioner, was not refunded. Therefore, he has filed this writ petition.

3. When the writ petition is taken up for hearing, there is no representation for the petitioner.

4. The learned Standing Counsel appearing for the respondent submits that the petitioner has executed 83 works and that works are under scrutiny by the audit team and on completion of audit process, the amount would be refunded.

5. Considering the submissions of the learned Standing Counsel, this Writ Petition is allowed with a direction to the respondent to consider the representation of the petitioner dated 09.11.2017 and take a decision to refund the deposit amount made by the petitioner within a period twelve weeks from the date of receipt of a copy of this order. No costs.

22.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai-625 002.

B.PUGALENDHI,J cp W.P.(MD)No.22512 of 2017 Dated: 22.02.2024