N.Sathish v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.8106 of 2015 N.Sathish

...Petitioner

vs.

1. The Commissioner Ellapuram Union, Thiruvallur District

2. The Block Development Officer (BDO) Ellapuram Union Panchayath Periyapalayam, Uttukottai (Taluk) Thiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 31.12.2013 by releasing sum of Rs.1,55,000/- payable to the petitioner towards completion of road project to the 2nd respondent. For Petitioner : Mr.C.V.Kumar For Respondents : Mr.R.A.S.Senthilvel Additional Government Pleader

O R D E R

Heard Mr.C.V.Kumar, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the respondents and perused the materials placed on record. With the consent on either side, the Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioner seeks for a issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation

dated 31.12.2013 by releasing sum of Rs.1,55,000/- payable to the petitioner towards completion of road project to the 2nd respondent.

3. According to the petitioner, inspite of having completed the road project, the 2nd respondent has not released the payment of Rs.1,55,000/-Therefore, the petitioner submitted a representation on 31.12.2013 and the same was not considered, therefore, the present writ petition has been filed.

4. When the case came up for admission on 23.03.2015, the matter was directed to be posted today, ie., on 24.03.2015 and the learned Additional Government Pleader was directed to get instructions. 5.Today, the learned Additional Government Pleader has produced the files from the office of the Block Development Officer, Ellapuram Town Panchayat. From the record placed before this Court, it is seen that the Block Development Officer, vide letter dated 09.09.2014 has directed the Project Director (District Rural Development Agency), Thiruvallur to release the amount payable to the petitioner, which according to the respondent is Rs.1,55,000/- (Rupees one lakh fifty five thousand only). Therefore, the quantum is not in dispute. Accordingly, there should be no difficulty to settle the amount.

6. Since the matter is now pending before the Project Director, there shall be direction to the Project Director (District Rural Development Agency), Thiruvallur to release the payment through the 2nd respondent within a period of eight weeks from the date of receipt of copy of this order. This time limit is fixed based on the undertaking given by the concerned authorities, who produced the files and who are present in Court. Therefore, payment shall be released within a period as stated supra.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd

To

1. The Commissioner Ellapuram Union, Thiruvallur District

2. The Block Development Officer (BDO) Ellapuram Union Panchayath Periyapalayam, Uttukottai (Taluk) Thiruvallur District.

3. The Project Director, District Rural Development Agency, Thiruvallur.

+1cc to Mr.C.V.Kumar, Advocate, S.R.No.16522 W.P.No.8106 of 2015 AK(CO) CA(30/03/2015)