P.Pichandi, v. The District Collector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2017

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.31939 of 2017 P.Pichandi ... Petitioner vs.

1. The District Collector of

2. The Additional Director of Panchayath,

3. The Block Development Officer, Arcot Panchayath Union, Vellore District.

4. The President, Veppur Panchayath, Veppur, Arcot Taluk, Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 3rd respondent to disburse contractual amount of Rs.5,20,000/- for the completed work in the 4th respondent Panchayat and based on petitioner's representation dated 15.11.2017 within stipulated time.

For Petitioner :

M/s.E.Kannadasan For Respondent :

Mr.S.Diwakar, learned Spl.G.P.

O R D E R

The petitioner has come up with this Writ Petition to direct the 3rd respondent to disburse contractual amount of Rs.5,20,000/- for the completed work in the 4th respondent Panchayat and based on petitioner's representation dated 15.11.2017 within stipulated time.

2. The case of the petitioner is that he is a registered contractor and doing contract works for laying roads and maintaining the roads for the past 20 years. According to the petitioner, on 05.07.2016, the 4th respondent invited tender for construction of culvert and side drainage at Veppur Panchayath. They opened the sealed tender on 21.07.2016 and orally allotted

the tender work to the petitioner and informed him that proper order will be issued by the 3rd respondent subsequently. The petitioner completed the said work and approached the 4th respondent to disburse the amount of Rs.6,96,000/-, whereas the 4th respondent disbursed sum of Rs.76,000/- and Rs.1,00,000/- through two cheques and the remaining amount is not yet paid. Hence, the petitioner has made a representation on 15.11.2017 to pay the remaining amount, and as no action is taken till date, the petitioner has approached this Court with the prayer stated supra.

3. The learned counsel appearing for the petitioner submitted that representation dated 15.11.2017 may be considered, more particularly, in the light of the communication of the 3rd respondent dated 02.05.2017.

4. The learned Special Government Pleader appearing for the respondents submitted that no work order is issued to the petitioner. However he stated that if the petitioner is able to produce particulars with any documentary evidence, the request of the petitioner will be considered.

5. In view of the above facts and circumstance of the case, without expressing any opinion on the merits of the case, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 15.11.2017 and pass orders within a period of two months from the date of receipt of a copy of this order, preferably before 01.03.2018, after providing opportunity to the the petitioner.

6. With the above observation and direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pvs To:

1. The District Collector of

2. The Additional Director of Panchayath,

3. The Block Development Officer, Arcot Panchayath Union, Vellore District.

4. The President, Veppur Panchayath, Veppur, Arcot Taluk, Vellore District.

+1 cc to M/s.E.Kannadasan Advocate sr 89772 W.P.No.31939 of 2017 aa04/01/2018