M/S.Smart Lights Power vs The Secretary To Government
2022 Latest Caselaw 8959 Mad

                                                                       W.A.No.1199 of 2022



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    27.4.2022

                                                      CORAM :

                                    THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
                                                    CHIEF JUSTICE
                                                         AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.A.No.1199 of 2022


                     M/s.Smart Lights Power
                     Industries by its Proprietor
                     Mr.H.Iyyappakumar                                 .. Appellant
                                                         Vs

                     1.The Secretary to Government
                       of Tamil Nadu, Revenue Department
                       Secretariat, Fort St.George, Chennai- 9.

                     2.The District Collector, Kanchipuram
                       District, Chairperson, Disaster
                       Management Authority,
                       Kanchipuram.                                    .. Respondents



                     Prayer : Appeal under Clause 15 of the Letters Patent against the

                     order dated 01.3.2022 in W.P.No.4396 of 2022.




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https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1199 of 2022



                                      For Appellant           : Mr.Y.Jyothish Chander

                                      For Respondents         : Mr.P.Muthukumar, State
                                                                Government Pleader


                                                        JUDGMENT

(Judgment was delivered by the Hon'ble Chief Justice) We have heard the learned counsel appearing for the respective

parties.

2. The writ appeal has been filed challenging the order dated

01.3.2022 whereby the writ petition was dismissed with liberty to the

appellant to pursue the claim by taking appropriate remedy before the

Authority concerned.

3. We do not find any illegality in the order passed by the

learned Single Judge. The writ petition was filed seeking a direction to

the respondents for payment of the amount of work undertaken by the

appellant. However, the claim was made without showing the

admission regarding payment of amount. Rather, as per the order of

the District Collector, it was to be verified. Therefore, the appellant

was having a remedy of filing a suit for recovery of amount. Instead of

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https://www.mhc.tn.gov.in/judis W.A.No.1199 of 2022

doing so, the writ petition was filed. The learned Single Judge rightly

directed the appellant to take the remedy for recovery of amount as

provided under law. The jurisdiction of the Court under Article 226 of

The Constitution of India would not be available for recovery of the

contractual amount.

4. Finding no error in the order impugned, the writ appeal is

dismissed. There will be no order as to costs.

(M.N.B., CJ.) (D.B.C.J.) 27.4.2022 Index : Yes/No

To:

1.The Secretary to Government of Tamil Nadu, Revenue Department Secretariat, Fort St.George, Chennai- 9.

2.The District Collector, Kanchipuram District, Chairperson, Disaster Management Authority, Kanchipuram.

RS

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https://www.mhc.tn.gov.in/judis W.A.No.1199 of 2022

M.N.BHANDARI, CJ AND D.BHARATHA CHAKRAVARTHY,J

RS

W.A.No.1199 of 2022

27.4.2022

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https://www.mhc.tn.gov.in/judis