P.R.Sakthivel Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.5657 of 2023 P.R.Sakthivel Raja, Proprietor, M/s.Sri Sakthi Corporation, No.9, Dhanammal Street, Flat No.1/B, ESS Pee Kay Apartment, Chetpet, Chennai - 600 031.

... Petitioner Vs The District Collector, Collectorate, Krishnagiri District - 635 001. ... Respondent Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to disburse the arrears of amount of Rs.8,76,798/- and a sum of Rs.11,96,388/- , which the 5% retention from the total contract amount along with interest at the rate of 12% P.A. till the date of realization within the stipulated time and consequently direct the respondent to return the fixed deposit bond dated 04.11.2019 issued by the Canara Bank, Chennai Habibullah Road Branch, Chennai for a sum of Rs.7,17,833/- which is paid as security deposit amount for the contract.

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For Petitioner : Mr.R.Subburaj For Respondent : Mr.N.Naveenkumar, Government Advocate

ORDER

This Writ Petition has been filed to direct the respondent to disburse the arrears of amount of Rs.8,76,798/- and a sum of Rs.11,96,388/- , which the 5% retention from the total contract amount along with interest at the rate of 12% P.A. till the date of realization within the stipulated time and consequently direct the respondent to return the fixed deposit bond dated 04.11.2019 issued by the Canara Bank, Chennai Habibullah Road Branch, Chennai for a sum of Rs.7,17,833/- which is paid as security deposit amount for the contract.

2. It is the case of the petitioner that he was successful bidder for supply of 1210 Nos. Tri-Cycle with rear body for garbage handling required in 333 village panchayats in Krishnagiri District. After payment of Rs.1,50,00,000/- and Rs.60,00,000/-, remaining balance amount of Rs.8,76,798/- is not paid to the petitioner till date without any reasons. 2/5

Hence, the petitioner issued a notice dated 02.11.2022 to the respondent. However, no reply was received from the respondent. Hence, the present Writ Petition has been filed.

3. The learned Government Advocate appearing for the respondent would submit that despite several requisitions to get instructions, the officials have not cared to give instructions in this regard. Hence, he left the matter to this Court.

4. As the allegations in the Writ Petition has not been controverted, the petitioner is directed to give a representation to the respondent along with a copy of this Order within a period of one month and on such representation being given, the respondent shall consider the same and pass Orders and if any amount has to be paid, the same shall be paid within a period of one month.

5. With the above directions, this Writ Petition is disposed of. No costs.

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Index:Yes/No vrc To, The District Collector, Collectorate, Krishnagiri District - 635 001. 4/5

N.SATHISH KUMAR, J.

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