Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 31525

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
S.Selvam – Appellant
Versus
The Divisional Engineer, National Highway, Coimbatore – 18. – Respondent
Writ Petition

Advocates:
For the Appellants/Petitioners: Mr.B.K.Girish Neelakantan
For the Respondents: Ms.P.J.Anitha, Senior Panel Counsel, for RR-1 and 2

Court directs consideration of representations for refund of security deposit post work completion certification.

Headnote:Under Article 226 of the Constitution of India, petitioner filed a writ of mandamus seeking direction to consider representations dated 23.01.2024 and 14.02.2024 and refund security deposit of Rs.17,39,22,088/- paid for right of way permission for optical fiber cable laying works as sub-contractor. Petitioner deposited refundable security for restoration after work completion certified, but refund withheld despite representations. Court finds limited relief sought justified based on facts. Issue framed as direction to consider representations within stipulated time. Court's reasoning notes completion certificate issued, prime contractor paid, and both parties agree to consideration within time fixed by court, perusing materials on record. Writ petition disposed of with direction to first respondent to consider and pass orders on representations within four weeks from receipt of order; no order as to costs.

Table of Content
1. petition seeks mandamus for security refund post cable work. (Para 1 , 2)
2. parties agree to consider representations timely. (Para 3 , 4)
3. court directs consideration within four weeks; petition disposed. (Para 5 , 6)

ORDER

This Writ Petition is filed for a direction to the first respondent to consider the representations, dated 23.01.2024 and 14.02.2024 and to return back the amount of Rs.17,39,22,088/- deposited by the petitioner as a security to the first respondent.

2. It is the contention of the petitioner that he was appointed as Sub-Contractor for laying of Optical Fiber Cable works for the project given to the M/s.Larsen & Toubro Limited. The petitioner approached the Assistant Divisional Engineer for permission for right of way. The Highway Department directed the petitioner to deposit the refundable security money for restoration of cable laying works and also to execute a performance bank guarantee. Accordingly, he remitted the amount by way of Demand Draft in favour of the first respondent. After completion of the work, the National Highway authorities inspected the work and issued a completion certificate. Even though the prime contractor, M/s.Larsen & Toubro Limited received the entire amount, the petitioner was not given the refundable security amount. Inspite of several representations, the security deposit amount was not refunded to the petitioner. Hence, this Writ Petition is filed.

3. Learned Counsel for the petitioner submitted that this Court may direct the first respondent to consider and pass orders on the petitioner’s representations within the stipulated time as fixed by this Court.

4. Learned Senior Panel Counsel appearing for the respondents submitted that the representations will be considered and orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned Counsel for both side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the first respondent to consider and pass orders on the petitioner's representations dated 23.01.2024 and 14.02.2024 within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition is disposed of.

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2026 Supreme(Online)(Mad) 31525

IN THE HIGH COURT OF JUDICATURE AT MADRASM.DHANDAPANI, JS.Selvam – AppellantVersusThe Divisional Engineer, National Highway, Coimbatore – 18. – RespondentWrit Petition

Court directs consideration of representations for refund of security deposit post work completion certification.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
S.Selvam – Appellant
Versus
The Divisional Engineer, National Highway, Coimbatore – 18. – Respondent
Writ Petition