M.Palanimuthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2021

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN WRIT PETITION NO.19089 OF 2012 M.Palanimuthu .. Petitioner

Versus

1. The District Collector Salem District, Salem.

2. The Block Development Officer Ayodiyapattinam Panchayat Union Ayodiyapattinam, Salem District.

3. The Project Officer, District Rural Development Agency Collectorate, Salem.

.. Respondents Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 3rd respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 19.06.2012 within a stipulated time.

For Petitioner :

Mr.C.Prakasam For R1 :

Mr.G.Krishnaraja Government Advocate For R2 :

Mr.V.Jayaprakash Narayanan

O R D E R

The relief sought for in this writ petition is to direct the 3rd respondent to consider the petitioner's representation dated 19.06.2012 within a stipulated time.

2.

According to the petitioner, he is a building contractor by profession. The Government announced a scheme whereby 40 houses at the value of Rs.42/- lakhs will be constructed and allotted to deserving persons under the Kalaignar Veettuvasathi Thittam. The said works were handed over

to the petitioner and he started the construction by spending his own money. After he completed the work, the respondents did not sanction any money, even though he approached the respondents and made request to disburse the construction cost spend by him. The petitioner also made a representation dated 19.06.2012 to the third respondent, but no action was taken on the same. Hence, he submitted another representation dated 04.07.2012 to the first respondent, which was also not considered. Finding no other option, he has come up with this writ petition for the aforesaid relief.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner's representation dated 19.06.2012 is still pending and it may be directed to be considered by the respondents, on merits, within a reasonable time to be fixed by this Court, for which, the learned counsel for the third respondent has no serious objection.

4.

Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the third respondent to consider the representation of the petitioner dated 19.06.2012, if not already considered, and pass appropriate orders, on merits and in accordance with law after affording an opportunity to the petitioner and others concerned. Such an exercise shall be completed within a period six weeks from the date of receipt of a copy of this order.

5.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar av/rsh To 1.

The District Collector, Salem District, Salem.

2.

The Block Development Officer, Ayodiyapattinam Panchayat Union, Ayodiyapattinam, Salem District.

3.

The Project Officer, District Rural Development Agency, Collectorate, Salem.

+1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.32517 WP.No.19089 of 2012 GPL(CO) CS/31/08/2021