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Madras High CourtWP/14468/2025disposed of

Mrs.S.Dhanam Sekar v. The Block Development Officer (Village Panchayat)

2025-06-04Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA W.P No. 14468 of 2025 S.Dhanam Sekar ... Petitioner Vs

1. The Block Development Officer, (Village Panchayat) Melmalaiyanur Panchayat Union, Melmalaiyanur, Villupuram District- 604 204.

2.Thorappadi Village Panchayat, Rep. by its Secretary, Thorappadi, Melmalaiyanur Taluk, Villupuram District-604 204.

3.The President, Thorappadi Village Panchayat, Thorappadi, Melmalaiyanur Taluk, Villupuram District-604 204.

.... Respondents Writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd Respondent herein to pay a sum of Rs. 12,950/- being the 1 % of the Deposit amount and 2.5 % of the Additional Deposit amount as per the order dated 28.11.2022 made in Na.Ka.No. A2/0273/2022 by the 1st Respondent herein to the petitioner herein within a stipulated period which may be fixed by this Hon'ble Court. 1/6

For Petitioner : Mr.N.Mariappan For Respondents : Mr.Shajakhan, Special Government Pleader

O R D E R

With the consent of both sides learned counsels, this writ petition is disposed of at the admission stage itself.

2. Mr.Shajakhan, learned Special Government Pleader takes notice for the respondents.

3. Writ petition is filed for a Writ of Mandamus, directing the 3rd respondent to pay the petitioner a sum of Rs.12,950/- being 1% deposit amount and 2.5% of the additional deposit amount, as per order of the 1st respondent dated 28.11.2022, within a time stipulated by this court.

4. The petitioner is a registered contractor in Melmalaiyanur Panchayat Union, Villupuram District. The petitioner participated in the Tender process in respect of laying drinking water pipe line to the houses of the Scheduled Caste and Schedule Tribe people in the villages falling under the Melmalaiyanur Panchayat Union, Villupuram District. The petitioner as a successful bidder was issued with the work order, with a condition to complete the work on or before 18.02.2021. The petitioner completed the laying of drinking water pipe line to the houses of 2/6

Scheduled Caste and Schedule Tribe people in Thorappadi village, in terms of the conditions imposed in the work order. Under the work order dated 28.12.2020, the petitioner was required to deposit 1% of the deposit amount and 2.5% of the additional deposit amount, which the petitioner deposited. After completion of the work, the petitioner was entitled to return of the 1% deposit amount and 2.5% additional deposit amount. As the aforesaid deposits were not returned, the petitioner submitted a representation to the 1st respondent on 08.08.2022, for release of the deposit amount and additional deposit amount. The petitioner submitted further representations on 17.07.2024 and 24.07.2024, to the 2nd and 3rd respondent, for return of the deposit and additional deposit amount. As no action was taken, the petitioner filed the above writ petition for the aforesaid relief.

5. I heard both the learned counsels and perused the materials placed on record.

6. Admittedly, the 1st respondent was bound to refund the deposit amounts on completion of work as per the work order. It is undisputed that the petitioner completed the work in confirmity with the work order.

7. In view of the fact that the petitioner has completed the work as per the work order, I find no justification for the respondents to retain the deposit amount 3/6

of 1% and the additional deposit of 2.5%. Therefore, a direction is issued to the 3rd respondent to return the petitioner's 1% deposited amount of Rs.12,950/- and 2.5% of the additional deposit amount, within a period of four (4) weeks, from the date of receipt of a copy of this order.

Writ petition is accordingly disposed of. However, there shall be no order as to costs.

04.06.2025 (1/3) dsn Index:Yes/No Speaking Order:Yes/No To

1. The Block Development Officer, (Village Panchayat) Melmalaiyanur Panchayat Union, 4/6

Melmalaiyanur, Villupuram District- 604 204.

2.The Secretary, Thorappadi Village Panchayat, Thorappadi, Melmalaiyanur Taluk, Villupuram District-604 204.

3.The President, Thorappadi Village Panchayat, Thorappadi, Melmalaiyanur Taluk, Villupuram District-604 204.

N. MALA, J.

dsn 5/6

W.P No. 14468 of 2025 04.06.2025 (1/3) 6/6