- (1.) THE Court : The petitioner in this WP under art.226 dated January 3, 2012 is seeking the following principal relief: a) A writ of or in the nature of Mandamus do issue commanding the respondent no.3 to consider the complaint raised by the petitioner dated May 11, 2011 (Annexure P -3 hereof) and act in accordance with law.
(2.) ANNEXURE P3 to the WP is at p.19, and it is a letter of the petitioner to Deputy General Manager of the Insurance Company. The petitioner wrote it requesting the Deputy General Manager to pay him Rs.2,40,416.69 balance of his bills he raised after executing the works given to him.
(3.) COUNSEL for the Insurance Company submits under instructions that the bills payable according to law were paid, and that the amount claiming which the petitioner wrote the letter dated May 11, 2011 was not payable, for the amount was claimed for execution of extra works for which no authority was given. It is evident that the Insurance Company is not admitting the petitioner s claim. Whether the petitioner was authorised to execute the works in question is a question that is not to be decided by this Court under art.226. He can claim the amount, only if he establishes that he executed the works lawfully. In my opinion, his remedy, if any, was before the Civil Court.;