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Madras High CourtWP/1375/2020disposed of

T.Ahilan v. The District Collector

2023-09-12Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR T.Ahilan ... Petitioner vs.

1.The District Collector, Ariyalur District, Ariyalur.

2.The Special Officer / Block Development Officer (Scheme), Jayamkondam Union Panchayat, Ariyalur District.

3.The Special Officer / Block Development Officer (Scheme), Aandimadam Union Panchayat, Ariyalur District.

4.The Special Officer / Block Development Officer (Scheme), T.Palur Union Panchayat, Ariyalur District.

5.The Special Officer / Block Development Officer (Scheme), Senthurai Union Panchayat, Ariyalur District.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the outstanding amount sum of Rs.1,61,45,721/- for the materials supplied by the petitioner by considering his representation of the petitioner dated 09.12.2019.

For Petitioner : Mr.K.Balu For R1 : Mr.R.U.Dinesh Rajkumar Additional Government Pleader For R2, R3 and R5 : No Appearance

O R D E R

The writ petition is filed seeking a direction to the respondents to pay the outstanding amount of Rs.1,61,45,721/- for the materials supplied by the petitioner by considering his representation dated 09.12.2019.

2. According to the petitioner, he supplied various materials to the respondents 2 to 5 on specific demand made by the 2nd respondent and raised invoice. Though the respondents 2 to 5 received the materials supplied by the petitioner and the value of the same has not been paid to the 2/6

petitioner and therefore, the petitioner was constrained to file the present writ petition seeking direction to the respondents to pay the above said amount.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that a portion of the amount has already been paid by the respondents 2 to 5 and a sum of Rs.16,28,434/- alone need to be paid by the respondents 2 to 5.

4. Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader appearing for the 1st respondent, on instructions submitted that there is a dispute with regard to Rs.73,302/- and the remaining sum of Rs.14,29,715/- need to be paid to the petitioner. The learned Additional Government Pleader also seeks twelve weeks time for payment of the undisputed balance amount to the petitioner.

5. In view of the specific stand taken by the learned Additional Government Pleader appearing for the 1st respondent, the 1st respondent is directed to take steps to pay the undisputed balance amount of 3/6

Rs.14,29,715/- to the petitioner as early as possible preferably within a period of twelve weeks from the date of receipt of copy of this order.

6. As far as the disputed portion of the amount is concerned, it is for the petitioner to work out his remedy in the manner known to law.

7. With the above direction and observation, the writ petition stands disposed of. No costs.

12.09.2023 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Collector, Ariyalur District, Ariyalur.

2.The Special Officer / Block Development Officer (Scheme), Jayamkondam Union Panchayat, Ariyalur District.

3.The Special Officer / Block Development Officer (Scheme), Aandimadam Union Panchayat, Ariyalur District.

4.The Special Officer / Block Development Officer (Scheme), T.Palur Union Panchayat, Ariyalur District.

5.The Special Officer / Block Development Officer (Scheme), Senthurai Union Panchayat, Ariyalur District.

5/6

S.SOUNTHAR, J.

dm 12.09.2023 6/6