A.Thangamani v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2023

CORAM

THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN A.Thangamani ... Petitioner Vs.

1. The Director, Adi Dravidar Welfare Department, Chepauk, Chennai-5.

2. The District Collector, Tiruvarur Collectorate, Tiruvarur District.

3. The District Adi Dravidar and Tribal Welfare Officer,

4. The Assistant Commissioner, District Adi Dravidar and Tribal Welfare Department,

5. Sureshkumar, Junior Engineer, District Adi Dravidar and Tribal Welfare Office, 1/6

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass appropriate orders for the hearing conducted on 14.11.2022 in accordance with law within a time frame.

For Petitioner : Mr.T.Mahavishnu for M/s. Meena Annamalai For Respondents : Ms.P.Raja Rajeswari, Government Advocate for R1 to R4

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction to the first respondent/Director, Adi Dravidar Welfare Department, Chennai, to pass appropriate orders for the hearing conducted on 14.11.2022.

2.It is stated by the learned counsel for the petitioner that the 2/6

petitioner had been issued with a short term contract notice for the purpose of laying a cemetery road and new mud road in Thiruthuraipoondi District, Ovvur Panchayat, Adi Dravida Welfare Colony. The petitioner stated that after being issued that the order, he had executed the work. He also stated that the measurement book (MBook) was maintained according to the rules of the order. 3.This Court had directed re-enquiry to be conducted with respect to the work done by the petitioner herein. It is stated that an enquiry was conducted and the petitioner also participated. This was conducted on 23.02.2023. An order had been passed in accordance with the MBook in the presence of the petitioner and it has been found that he had done only 30% of the work.

4.The learned counsel for the petitioner stated that at least 30% of the value of the Contract may be paid. If it is according to the rules and if 30% of the amount could be paid to the petitioner, without 3/6

putting the respondent to loss, the respondent may take a decision about the payment of 30% towards work done by the petitioner herein. I leave it to the discretion of the respondent and if they take a decision to pay the amount, they should pay the same within a period of three weeks from the date of receipt of a copy of this order. With the above directions, this Writ Petition stands disposed of. No costs.

24.02.2023 Index :Yes/No Speaking/Non speaking order mps To

1. The Director, Adi Dravidar Welfare Department, Chepauk, Chennai-5.

2. The District Collector, Tiruvarur Collectorate, Tiruvarur District.

3. The District Adi Dravidar and Tribal Welfare Officer, 4/6

4. The Assistant Commissioner and District Adi Dravidar and Tribal Welfare Department.

C.V.KARTHIKEYAN, J, mps 5/6

24.02.2023 6/6