Senthil Kumar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.04.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.16874 of 2016 Senthil Kumar

...Petitioner

Vs.

1.

The District Collector, Coimbatore District.

2.

The Commissioner, Mettupalayam Municipality Mettupalayam 641 301.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the first respondent to initiate action on the complaint, dated 01.02.2016, within a time frame fixed by this Court. For Petitioner : Mr.Puhazh Gandhi For Respondent-1 : Mr.R.Rajeswaran Special Government Pleader For Respondent-2 : Mr.S.V.Doraisolaimalai Additional Government Pleader

O R D E R

Heard Mr.Puhazh Gandhi, the learned counsel appearing for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader, accepting notice for first respondent and Mr.S.V.Doraisolaimalai, learned Additional Government Pleader, accepting notice for second respondent. With the consent of parties, the main Writ Petition is taken up for final disposal, at the stage of admission.

2.

The petitioner has filed this Writ Petition, seeking for issuance of a writ of mandamus, directing the first respondent to initiate action, based on his complaint, dated 01.02.2016.

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3.

The petitioner is a registered contractor with the respondent/Municipality. The petitioner was awarded a contract, and was required to perform the following works:-i) Execution of construction of storm water drain and cement concrete pavement at Jawaharlal Nehru Municipal Bus Stand in Mettupalayam and ii) Execution of Improvement works in East side and West side at the said Bus Stand. The petitioner's grievance is that, though he performed the said works immaculately, he has not been paid for the works done. Therefore, the petitioner has given a complaint to the first respondent/District Collector, a copy of which, has been annexed at page No.1 of the typed set of papers, filed in support of this Writ Petition. At first glance, it is seen that the said complaint/representation is totally illegible and obscure. It is not known as to how the petitioner has typed out the same first. In any event, the first claim should be made before the second respondent/Municipality, only thereafter, the petitioner has to approach the higher authorities.

4.

Accordingly, the Writ Petition is disposed of, by directing the petitioner to submit a representation to the second respondent, clearly setting out all the details, and as and when, such representation is made by the petitioner, the second respondent is directed to consider the same and shall do the needful within a period of three weeks from the date of receipt of representation from the petitioner. No costs. sd s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.

The District Collector, Coimbatore District.

2.

The Commissioner, Mettupalayam Municipality Mettupalayam 641 301.

+ 1 cc to Govt.Pleader SR 27964 nr(co) prk1/6 Writ Petition No.16874 of 2016 https://hcservices.ecourts.gov.in/hcservices/