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Madras High Court · body

2014 DIGILAW 3942 (MAD)

S. Vasudevan v. Commissioner, Paramakudi Municipality

2014-10-20

M.VENUGOPAL

body2014
Judgment 1. Heard the Learned Counsel appearing for the Petitioner and the Learned Additional Government Pleader appearing for the Respondent. 2. According to the Learned Counsel for the Petitioner, the Petitioner has filed the present Writ Petition praying for passing of an order by this Court in directing the Respondent to return the Deposit Amount paid by the Petitioner with accrued interest and damages, by considering the Petitioner's Representation, dated 27.08.2014. 3. The main grievance of the Petitioner is that the Respondent has not returned the advance amount paid by the Petitioner till date. Further, in the Representation made by the Petitioner, dated 27.08.2014, the Respondent has not sent any reply. As such, the Petitioner has constrained to file the present Writ Petition, praying for passing of an order by this Court in directing the Respondent to return a sum of Rs.15,000/-, as the Deposit Amount paid by him with accrued interest. 4. In view of the limited prayer sought for by the Petitioner, viz., for passing of an order by this Court in directing the Respondent to return the Deposit Amount of Rs.15,000/- paid by the Petitioner with accrued interest and damages, by considering his Representation, dated 27.08.2014, this Court, on the basis of Equity, Fair Play, Good Conscious and even as a matter of prudence, direct the Respondent to consider the Petitioner's Representation, (in so far as return of deposit amount of Rs.15,000 paid by him) with accrued interest and damages, by considering Representation his Representation, dated 27.08.2014, within a period of six weeks from the date of receipt of a copy of this order, (of course, after providing due opportunities to the Petitioner and others concerned, if any) by adhering to the principles of natural justice. It is made clear that the Respondent is to pass a reasoned, speaking, qualitative and quantitative order, on merits and in a dispassionate manner uninfluenced with any of the observation made by this Court in the Writ Petition. 5. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.