Madras High Court
M/S. Sikora Salvador ... vs 3 Tamil Nadu Construction Welfare ... on 3 July, 2023
W.A.No.1352 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1352 of 2023
M/s. Sikora Salvador International Limited
Rep by its authorized signatory, S.Ramakrishnan
Office at No.259/1, Bypass Road
Poonamallee
Chenani – 600 056. .. Appellant
Vs
1 The Member Secretary
Chennai Metropolitan Development Authority
Egmore, Chennai – 600 008.
2 The Commissioner
Poonamallee Municipality
Poonamallee
Chenani - 600 056.
3 Tamil Nadu Construction Welfare Board
No.8 Valluvar Kottam High Road
Nungambakkam, Chennai-600034. .. Respondents
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W.A.No.1352 of 2023
Prayer: Appeal under Clause 15 of the Letters Patent against the
order 13.4.2023 passed in W.P.No.31836 of 2023 by the learned
Single Judge.
For the Appellant : Mrs.Reshmi Christy
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The appellant had filed a writ petition to direct the second
respondent to refund the amount remitted towards building
approval and other infrastructural charges, i.e., Rs.19.50 lakh, by
considering the appellant's representation dated 15.7.2022.
2. Mrs.Reshmi Christy, learned counsel for the appellant,
submits that, in a similar matter filed by another similarly
situated person, the learned Single Judge had allowed the writ
petition directing the Municipal Council to refund the amount.
The Court ought to have passed an order directing the
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W.A.No.1352 of 2023
Municipality to refund the amount. It is submitted that an
arbitration award is also passed in favour of the appellant and
against the contractor.
3. The learned Single Judge, after going through the
conditions and the rival contentions, observed that some of the
amounts are refundable and some are not refundable. Disputed
questions of fact would arise and as such has directed the
Municipality to decide the objection of the appellant within ten
weeks and further granted liberty to the appellant to assail the
order if passed against the appellant.
4. The Municipality is bound to take a decision upon the
representation of the appellant as has been directed by the
learned Single Judge of this court in the impugned order. The
order of the learned Single Judge is self-explanatory.
In the light of that, there is no propriety in entertaining the
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W.A.No.1352 of 2023
present appeal. The writ appeal stands disposed of. All
contentions of the appellant on merits regarding the refund of the
claim are kept open. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
03.07.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1 The Member Secretary
Chennai Metropolitan Development Authority
Egmore, Chennai – 600 008.
2 The Commissioner
Poonamallee Municipality
Poonamallee
Chenani - 600 056.
3 Tamil Nadu Construction Welfare Board
No.8 Valluvar Kottam High Road
Nungambakkam, Chennai-600034.
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https://www.mhc.tn.gov.in/judis
W.A.No.1352 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.1352 of 2023
03.07.2023
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