Disposed

G.Muralidaran, v. State of Tamil Nadu

Madras HC27 Jan 2017WP(MD)/1261/2017

Case brief

AI extract

What is this about?

In a writ petition concerning recovery of funds under a price adjustment mechanism, the Madurai Bench of the Madras High Court directed the fourth respondent to consider the petitioner's representation and provide a personal hearing within three months. The petition was disposed of without a merits decision.

What did the court decide?

Direct the fourth respondent to consider the petitioner's representation and pass orders after a personal hearing within three months.

G.Muralidaran, Vs State of Tamil Nadu — Civil Procedure and Limitation | Madras HC (2017)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2017

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

¶5

W.P.(MD).No.1261 of 2017 and W.M.P.(MD)No.1051 of 2017

¶6

G.Muralidaran .. Petitioner

¶7

Vs.

¶8

1.State of Tamil Nadu rep. by its Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai – 600 009. 2.The Director General, Highways, Guindy, Chennai – 600 025. 3.The Superintending Engineer, Highways Department (C&M), Madurai -2. 4.The Divisional Engineer, Highways Department (C&M), Theni, Theni District. .. Respondents

¶9

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from recovering any amount from the petitioner under the price adjustment mechanism without following the guidelines issued in Government Orders in G.O.Ms.No.101, Public Works (G2) Department, dated 10.06.2009 for the work viz., Package – 10 Improvements in Government Roads, in Periaykulam Sub-Division executed by the petitioner and direct the respondents to refund amount which was already recovered.

¶10

For Petitioner : Mr.S.Doraisamy

¶11

For Respondents : Mr.C.Selvaraj, Special Government Pleader

¶12

O R D E R

¶13

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, forbearing respondents from recovering any amount from the petitioner under the price adjustment mechanism without following the guidelines issued in Government Orders in G.O.Ms.No.101, Public Works (G2) Department, dated 10.06.2009 for the work viz., Package – 10 Improvements in Government Roads, in Periaykulam Sub-Division executed by the petitioner and directing the respondents to refund amount which was already recovered.

¶14

2.Heard the learned counsel appearing for the petitioner as https://hcservices.ecourts.gov.in/hcservices/ well as learned Special Government Pleader appearing for the respondents.

¶15

Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

¶16

¶17

The learned counsel appearing on behalf of the petitioner submitted that he will be satisfied if the representation of the petitioner, dated 28.12.2016 is considered, on merits and in accordance with law, within the time frame to be fixed by this Court.

¶18

5.Having regard to the limited scope of prayer in the Writ

¶19

petition, without expressing any opinion on the merits of the matter, the fourth respondent is directed to consider the representation of the petitioner, dated 28.12.2016 and pass orders on merits and in accordance with law, after giving opportunity of personal hearing to the petitioner, within a period of three months from the date of receipt of a copy of this order.

¶20

Accordingly, the Writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

¶21

Sd/Assistant Registrar

¶22

/TRUE COPY/

¶23

Sub Assistant Registrar

¶24

¶25

1.The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai – 600 009.

¶26

2.The Director General,

¶27

Highways, Guindy, Chennai – 600 025.

¶28

3.The Superintending Engineer, Highways Department (C&M), Madurai -2.

¶29

4.The Divisional Engineer, Highways Department (C&M), Theni, Theni District.

¶30

+1 cc to MR.S.DORAISAMY,ADVOCATE, SR NO:4756

¶31

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO:4534

¶32

pmu

¶33

sva/mr/vb/31.01.2017/2p/7c

¶34

ORDER MADE IN W.P.(MD).No.1261 of 2017 and W.M.P.(MD)No.1051 of 2017 27.01.2017(1/3)

¶35

https://hcservices.ecourts.gov.in/hcservices/

G.Muralidaran, v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

G.Muralidaran, v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S.Krishnasamy Gounder Vs K.Ashok Kumar

The Special Tahsildar, Vs Muthusamy

P.Mehalingam Vs Sub-Collector

Muthusamy, Vs the District Collector

G.Muthu Govindan Vs State of Tamil Nadu

G.Muthu Govindan Vs State of Tamil Nadu