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Madras High CourtWP/11151/2013disposed of

Tmt.R.Jeyalakshmi, v. The District Collector

2015-02-13Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.11151 of 2013 and M.P.No.1 of 2013 R.Jeyalakshmi ..

Petitioner v.

1.The District Collector Krishnagiri District 2.The Assistant Director (Panchayat) O/o District Collector 3.The Block Development Officer Panchayat Union 4.The President of Village Panchayat Kattikanapalli Village 635 001 Krishnagiri District.

5.Sayed Yejas Ahamed Village Panchayat President Kattikanapalli Village 635 001 Krishnagiri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents 4 and 5 to pay the petitioner a sum of Rs.22,05,500/- for the work done to 4th respondent panchayat with interest at the rate of 12% p.a within the period prescribed by this Court.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.R.Vijayakumar, AGP for R1 and R2 Mr.ERA Premnath, for R3 and R4 For Respondent 5 : No appearance

ORDER

The petitioner prays for a writ of mandamus directing the respondents 4 and 5 to pay her a sum of Rs.22,05,500/- for the work done to 4th respondent panchayat with interest at the rate of 12% p.a within the period prescribed by this Court.

2. According to the petitioner, she has performed 22 works in the respondent Panchayat and the Panchayat Engineer inspected the same and except for three works, namely item 9, 10 and 14, she has recovered payment for the remaining 19 works stating that the work has been performed well and it is without any defects. With these facts, the petitioner has made a representation to the authorities. Since no action has been taken, the petitioner is before this Court.

3. In the light of the above, without going into the merits of the case, there will be a direction to the second respondent to consider the petitioner's representation, call for the records from the fourth respondent, examine the records as well as the Certificate issued by the Panchayat Union and if the second respondent is satisfied that the work is completed in a proper manner and the petitioner is entitled to payment, the payment is directed to be released. In respect of where there are defective works or any claim by the Panchayat, the Panchayat is directed to pass appropriate orders and communicate the same to the petitioner. The above direction shall be complied with within a period of three months from the date of receipt of a copy of this order.

Accordingly, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Asst.Registrar (J ) /true copy/ Sub Asst. Registrar gms To 1.The District Collector Krishnagiri District 2.The Assistant Director (Panchayat) O/o District Collector

3.The Block Development Officer Panchayat Union 4.The President of Village Panchayat Kattikanapalli Village 635 001 Krishnagiri District.

1 cc to Mr.M. Muthappan, Sr. 8008 W.P.No.11151 of 2013 KM (CO) kk 25/2