A.Ilangovan v. Commissioner Of Municiapal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2017

CORAM

THE HON'BLE Mr.JUSTICE M.M.SUNDRESH W.P.No.9282 of 2017 A.Ilangovan ... Petitioner Vs

1. Commissioner of Municipal Administration, Government of Tamil Nadu, Chepauk, Chennai - 5.

2. Thiruvaththipuram Municipality rep. by its Commissioner, Thiruvaththipuram, Thiruvannamalai District.

... Respondents Writ petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the second respondent to release and pay the outstanding amount of Rs.13.05 lakhs payable to the petitioner in respect of the execution of contract work pertaining to construction of bus stand shelter in front of the Thiruvathipuram Bus stand under the Member of Legislative Assembly Constituency Development Scheme 2014-2015 (MLACDS 2014-2015) with an estimate of Rs.50 lakhs awarded to the petitioner by the second respondent vide proceedings in Na.Ka.No.3356/2014/E1 dated 30.03.2015. For Petitioner :

Mr.K.Karthik Jagannath For Respondents :

Mr.S.Diwakar, Special Government Pleader for R1 Mr.K.J.Shivakumar, Government Advocate for R2

ORDER

The grievance of the petitioner is that he has not been paid the amount due for the execution of the contract work pertaining to construction of bus stand shelters in front of Thiruvathipuram Bus Stand.

https://hcservices.ecourts.gov.in/hcservices/

2.It appears that on the allegation made by a third party by name K.Senthil, a direction was issued by this Court, pursuant to which, an Enquiry Committee was constituted. A perusal of the report of the Committee would show that there is no substantial truth in the allegations made against the work completed by the petitioner. However, the said report is still pending consideration of the respondents.

3.Now there is some confusion as to whether who should take a final call among the respondents 1 and 2. Be that as it may. The writ petition stands disposed of by directing the respondents to pass appropriate orders on the question of releasing the remaining amount payable to the petitioner on consideration of the report submitted by the Enquiry Committee within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mmi To

1. The Commissioner of Municipal Administration, Government of Tamil Nadu, Chepauk, Chennai - 5.

2. The Commissioner, Thiruvaththipuram Municipality, Thiruvaththipuram, Thiruvannamalai District.

+1cc to Mr.K.Karthik Jagannath, Advocate, S.R.No.44594 +1cc to the Government Pleader, S.R.No.44870 W.P.No.9282 of 2017 CS IV CA(07/07/2017) https://hcservices.ecourts.gov.in/hcservices/