M/S.Sri Sakthi Corporation v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.9240, 9248 and 9257 of 2023

1. M/s.Sri Sakthi Corporation ... Petitioner in W.P.No.9102 of 2023

2. M/s.Sri Senthil Agro Products ... Petitioner in W.P.No.9109 of 2023

3. M/s.Sri Senthil Agro Products ... Petitioner in W.P.No.9119 of 2023 Vs.

1. The Secretary to Government Rural Development and Panchayat, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, District Rural Development Agency, Cuddalore District, Cuddalore.

3. The Additional Collector / Project Director, District Rural Development Agency, Cuddalore District, Cuddalore.

... Respondents in W.P.No.9102 of 2023

1. The Secretary to Government Rural Development and Panchayat, Secretariat, Fort St.George, Chennai - 600 009. 1/9

2. The District Collector, Thirupattur District, Thirupattur.

3. Project Director, District Rural Development Agency, Thirupattur District, Thirupattur District.

4. The Block Development Officer, Nattrampalli Block, Thirupattur District.

... Respondents in W.P.No.9109 of

1. The Secretary to Government Rural Development and Panchayat, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, Thirupattur District, Thirupattur.

3. Project Director, District Rural Development Agency, Thirupattur District, Thirupattur District.

4. The Block Development Officer, Alangayam Block, Thirupattur District.

5. The Block Development Officer, Jolarpettai Block, Thirupattur District.

6. The Block Development Officer, Thirupattur Block, 2/9

Thirupattur District.

Respondents in W.P.No.9119 of Prayer in W.P.No.9102 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to consider the representation dated 23.02.2023 and consequently direct the second respondent to disburse the arrears amount of Rs.2,38,38,400/- (Rupees Two Crores Thirty Eight Lakhs Thirty Eight Thousand and Four Hundred only) with interest @ 12% per annum from January, 2021 to February, 2023 @ Rs.39,27,300/- (Rupees Thirty Nine Lakhs Twenty Seven Thousand three hundred only) and further interest. Prayer in W.P.No.9109 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to consider the representation dated 22.10.

2022 and consequently directing the fourth respondent to pay the claim amount of Rs.9,99,018/- (Rupees Nine Laksh Ninety Nine Thousand and Eighteen only) together with interest at the rate of 12% per annum from 28.02.2020 to 28.02.2023 @ Rs.3,59,646/- (Rupees Three Lakhs Fifty Nine Thousand Six Hundred and Forty Six only) and further interest.

Prayer in W.P.No.9119 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4,5, & 6 respondents to consider the representation dated 08.11.2022 and consequently directing the respondents 4,5 & 6 to pay the claim amount of Rs.33,71,160/- (Rupees Thirty Three Lakhs Seventy One Thousand one Hundred and sixty only) together with interest at the rate of 12% per annum 3/9

from 1.12.2021 to 28.02.2023 @ Rs.5,05,674/- (Rupees Five Lakhs five Thousand six hundred and seventy four only) and further interest. In all W.P.s For Petitioners in all W.P.s :

Mr.Kanimozhi Mathi For Respondents in W.P.No.9102 of :

Mr.U.Baranidharan Additional Government Pleader[R1 & R2] Mr.E.Veda Bagath Singh Special Government Pleader [R3] For Respondents in W.P.No.9109 of Mr.U.Baranidharan Additional Government Pleader [R1 & R2] Mr.E.Veda Bagath Singh Special Government Pleader [R3 and R4] For Respondents in W.P.No.9119 of Mr.U.Baranidharan Additional Government Pleader [R1 & R2] Mr.E.Veda Bagath Singh Special Government Pleader [R3 to R6] COMMON ORDER Since the issue involved in the present case is one and the same they are disposed of by way of this common order.

2. The case of the petitioners is that the petitioners are the successful 4/9

bidder for carrying out Installation and Commissioning of Reverse Osmosis (RO) Plants and the said work was completed by the petitioners. Subsequently, the work completion certificate was issued by the authorities concerned as per the tender document. Since the payment for the above said work has not yet been disbursed by the respondents, the petitioners made representations dated 23.02.2023, 22.10.2022 and 08.11.2022 in respective writ petitions before the concerned authorities seeking to disburse the claim amount of Rs.2,38,38,400/-, Rs.9,99,018/- and Rs.33,71,160/- in respective writ petitions along with interest at the rate of 12% per annum. But the same has not yet been considered. Hence the present writ petition.

3. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respective Project Director / Additional Collector, District Rural Development Agency to consider the petitioners' representations dated 23.02.2023, 22.10.2022 and 08.11.2022 and pass appropriate orders within the time frame that may be stipulated by this Court.

4. Learned Additional Government Pleader and learned Special 5/9

Government pleader appearing for the respondents have no objection for the said order being passed.

5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. Considering the facts and circumstances of the case, this Court, without going into the merits of the case directs the respective Project Director / Additional Collector, District Rural Development Agency to consider the petitioners representations dated 23.02.2023, 22.10.2022 and 08.11.2022 in respective writ petitions and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioners as well as the aggrieved persons if any within a period of four weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of. No costs. Consequently connected miscellaneous petitions are closed. 24.03.2023 Index : Yes / No Speaking order / Nonspeaking order 6/9

(rap) To

1. The Secretary to Government Rural Development and Panchayat, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, District Rural Development Agency, Cuddalore District, Cuddalore.

3. The Additional Collector / Project Director, District Rural Development Agency, Cuddalore District, Cuddalore.

4. The District Collector, Thirupattur District, Thirupattur.

5. Project Director, District Rural Development Agency, Thirupattur District, Thirupattur District.

6. The Block Development Officer, Nattrampalli Block, Thirupattur District.

7. The Block Development Officer, Alangayam Block,Thirupattur District.

8. The Block Development Officer, Jolarpettai Block, 7/9

Thirupattur District.

9. The Block Development Officer, Thirupattur Block, Thirupattur District.

8/9

M.DHANDAPANI, J.

rap 24.03.2023 9/9