Smt.Periyayi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.32678 of 2017 Periyayi ...Petitioner Vs.

1. The District Collector, Villupuram, Villupuram District.

2. The Additional Director (Panchayats) Collectorate, Villupuram District, Villupuram.

3. The Block Development Officer, Kanai Panchayat Union, Kanai, Villupuram District.

4. Mangayarkarasi, ...Respondents PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1 to 3 respondents to take appropriate action as against the 4th respondent pursuant to representation dated 19.08.2017 and consequently to disqualify the 4th respondent as contractor under the 3rd respondent.

For Petitioner : Mr.S.Udayakumar For R1 to R3 : Mr.N.Manikandan Government Advocate For R4 : No appearance

ORDER

The petitioner has come forward with the present writ petition for issuance a writ of Mandamus to direct the respondents 1 to 3 to take appropriate action as against the 4th respondent, pursuant to her representation dated 19.08.2017.

2. The case of the petitioner is that she is one of the registered Contractor in Kanai Panchayat Union in Villupuram District. As per the conditions, the Contractor has to furnish solvency certificate obtained from the Jurisdictional Tahsildar. The 4th respondent had furnished false solvency certificate and renewed the license year after year. Hence, the writ petitioner gave a fresh representation to the official respondents. Since no action was taken, the present writ petition.

3. Heard Mr.S.Udayakumar, learned counsel for the petitioner, Mr.N.Manikandan, learned Government Advocate for the respondents 1 to 3 and despite service of notice, the 4th respondent has not chosen to appear before this Court.

4. The learned Government Advocate appearing for the respondents 1 to 3 submitted that if a fresh representation is given by the petitioner, that would be considered by the 3rd respondent in accordance with law.

5. In the light of the above submissions and the limited scope of the prayer sought for in this writ petition, this Court without going to merits of the case, directs the petitioner to give fresh representation to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order, enclosing a copy of this order. On such compliance, the 3rd respondent shall consider and pass appropriate orders on the petitioner's representation, on merits and in accordance with law, after providing opportunities to the necessary parties, within a period of six weeks therefrom.

6. With the above observations and directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pvs / msrm To

1. The District Collector, Villupuram, Villupuram District

2. The Additional Director (Panchayat) Collectorate, Villupuram District, Villupuram.

3. The Block Development Officer, Kanai Panchayat Union, Kanai, Villupuram District.

+1cc to Mr.S.Udayakumar, Advocate, S.R.No.4543 +1cc to the Government Pleader, S.R.No.4554 WP.No.32678 of 2017 rsy(co) cs/20/02/18