Kailash Kumar K vs. The Director Of Municipal Administration
Facts
The petitioner, K. Kailash Kumar, filed a writ petition seeking a Mandamus to direct the Nagercoil Corporation (second respondent) to disburse Rs. 44,48,000/- for two works: providing a paver block and retaining wall at Vadasery Omni Bus Stand. The petitioner sought this amount along with GST charges of 18% and interest at 12% per annum from the completion date of the works (04.05.2017) until the date of disbursement. The works were awarded under Tender Estimate Numbers 374/2015-2016/E1 and 375/2015-2016/E1. The petitioner had submitted a representation dated 06.06.2022. The respondents were the Director of Municipal Administration and the Commissioner, Nagercoil Corporation.
Held
The Court did not decide on the merits of the petitioner's claim regarding the disbursement of Rs. 44,48,000/-, GST charges, or interest. The learned counsel for the petitioner sought permission to withdraw the writ petition, citing a letter dated 12.10.2022 to the Registry. Consequently, the Court dismissed the writ petition as withdrawn. No costs were imposed. The connected miscellaneous petition was also closed. The specific provisions of the GST Act or any other statute related to the payment of dues were not discussed or adjudicated upon by the Court, as the matter was disposed of on procedural grounds.
Key Issues
1. Whether the petitioner is entitled to the disbursement of Rs. 44,48,000/- for the completed works, including GST charges and interest, as per their representation dated 06.06.2022. Petitioner's contention: The petitioner argued that they are entitled to the payment for the completed works, including the applicable GST charges and interest for the delayed payment, as per their representation. The petitioner sought a direction from the Court to the respondent Corporation to disburse the due amount. Revenue/State's contention: The judgment records no specific arguments or contentions from the respondents. The learned counsel for the petitioner sought permission to withdraw the writ petition.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2022 CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.19240 of 2022 and W.M.P(MD) No.14038 of 2022 K.Kailash Kumar
... Petitioner vs.
The Director of Municipal Administration, Commissionerate of Municipal Administration, No.78, Urban Administration Building, Santhome High Road, Chennai – 600 028. 2. The Commissioner, Nagercoil Corporation, Nagercoil, Kanyakumari District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to disburse the amount of Rs.44,48,000/- (Rupees Forty Four Lakhs and Forty Eight Thousand only) i.e. Rs.22,24,000/- (Rupees 1/4 Twenty Two Lakhs and Twenty Four Thousand only) for each work in Tenders Estimate Number: 374/2015-2016/E1 and 375/2015-2016/E1 for providing Paver Block and retaining wall at Vadasery Omni Bus Stand (South and North side) located in Nagercoil, Kanyakumari District, with the currency of GST charges 18% along with the i
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