BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/04/2011 Coram THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).No.4387 of 2011 K.Vargeesh ... Petitioners Vs 1. The District Collector Kanyakumari District Nagercoil 2. The Assistant Director of Panchayat Collectorate Nagercoil Kanyakumari District 3. The Executive Officer Nalloor Town Panchayat Nalloor Near Kuzhithurai Railway Station Marthandam Kanyakumari District ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 27.05.2010 and refund the petitioner's deposit money with interest. *** !For Petitioner ... Mr.M.R.Sreenivasan ^For Respondents ... Mr.K.Balasubramanian Additional Government Pleader :ORDER
Mr.K.Balasubramanian, learned Additional Government Pleader takes notice
for the respondents. By mutual consent of both sides, the Writ Petition is taken
up for final disposal.
2. The petitioner has come forward with this Writ Petition for issuance
of a Writ of Mandamus directing the third respondent to consider the
petitioner’s representation dated 27.05.2010 and refund the petitioner’s deposit
money with interest.
3. The learned counsel appearing for the petitioner would submit that
the petitioner is a registered contractor under the third respondent and he has
been doing the works allotted by the third respondent. He would further submit
that the petitioner is aged about more than 70 years and due to heart ailment,
he cannot do further works. Therefore, the petitioner requested the third
respondent to return the earnest money deposit and deposits taken from his
payments. But the third respondent refused to return the deposit money. He
would further submit that thereafter the petitioner gave a petition to the first
respondent during the grievance day on 10.05.2010, which was forwarded to the
office of the second respondent. The petitioner approached the second
respondent, they informed him that they have forwarded the petition to the third
respondent for taking action. But no action has been taken, he has been driven
from pillar to post by the respondents. He would further submit that on
27.05.2010, he made a representation to the third respondent to refund the
deposit money, but the third respondent refused to refund the deposit money.
The Writ Petition is to consider the representation by the third respondent.
4. Considering the limited scope of prayer sought for by the
petitioner, without going into the merits of the case, the Writ Petition is
disposed of with a direction to the third respondent to consider the
petitioner’s representation, dated 27.05.2010 and pass appropriate orders on
merits and in accordance with law, within a period of six weeks from the date
of receipt of a copy of this order.
vsg
To
1. The District Collector
Kanyakumari District
Nagercoil
2. The Assistant Director of Panchayat
Collectorate
Nagercoil
Kanyakumari District
3. The Executive Officer
Nalloor Town Panchayat
Nalloor
Near Kuzhithurai Railway Station
Marthandam
Kanyakumari District