S.Rajam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.07.2024

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.18786 of 2024 S.Rajam, Proprietor, M/s. Sri Senthil Agro products No.1/5049, Rosalpatti, Virudhunagar, Virudhunagar District 626 006.

..Petitioner ..Vs..

1. The District Collector, Collectorate, Thirpattur district, Thirupattur.

2. Project officer, District Rural Development Agency, Thirupattur district.

3. The Block Development Officer, Alangayam Block, Thirupattur District.

4. The Block Development Officer, Jolarpettai Block, Thirupattur District.

5. The Block Development Officer, Thirupattur Block, Thirupattur District.

..Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus to direct the 1st and 2nd respondents to disburse the arrears amount of Rs. 33,71,160/- to the petitioner for Supply, Installation and Commissioning of Reverse Osmosis (RO) plants in Rural Areas done by the petitioner at Girisamuthiram and Nimiyampattu Panchayats in 3rd respondent block, and at Ammakoil panchayat in 4th respondent Block and at Andiyappanur panchayat in 5th respondent Block along with interest at the rate of 12% p.a from 01.12.2021 till the date of realization based on the petitioner's representation dated 21.9.2023 and pass orders accordingly.

For petitioner : Mr. R. Subburaj For Respondents : Mrs.M. Venkateswaran for R1& R2 (Special Govt. Pleader) :Mrs.N. Naveen Kumar for R3 to R5 (Govt. Advocate) *****

O R D E R

This Writ petition has been filed seeking to issue a Writ of Mandamus to direct the 1st and 2nd respondents to disburse the arrears amount of Rs. 33,71,160/- to the petitioner for Supply, Installation and Commissioning of Reverse Osmosis (RO) plants in Rural Areas done by the petitioner at Girisamuthiram and Nimiyampattu Panchayats in 3rd respondent block, and at Ammakoil panchayat in 4th respondent Block and at Andiyappanur panchayat in 5th respondent Block along with interest at

the rate of 12% p.a from 01.12.2021 till the date of realization based on the petitioner's representation dated 21.9.2023 and pass orders accordingly.

2. The learned counsel for the petitioner submits that even though this Court by order dated 24.03.2023 disposed of with the directions to the respondents to consider the petitioner's representations in W.P. No.9119 of 2023 along with two other petitions, the respondents have not complied with same. In the Contempt petition No. 1897 of 2023 in W.P.No 9119 of 2023 filed by the petitioner, as the respondents produced the Proceeding dated 16.08.2023, the same was closed. However, the respondents have not released the arrears amount of Rs.33,71,160/- along with interest @12% for the carrying out of contract work as per the specifications of the tender Documents.

3.The learned Government Advocate and the learned Special Advocate appearing for the respondents submits that this Court may pass appropriate orders accordingly as they do not have any objection in the prayer of the petitioner.

4. Heard both sides and perused the materials available record.

5. Having considered the facts and circumstances of the case and also considering the submissions made on either side, this Court without going into the merits of the case, directs the respondents to disburse the arrears amount of Rs.33,71,160/- after considering the contract work carried out by the petitioner as per the tender and verification of bills submitted by the petitioner and pass orders accordingly in the manner known to law as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of copy of this order.

6.In view of the above direction, the Writ petition is disposed of. No costs.

31.07.2024 Index : Yes/No Internet: Yes/No Lbm

To:

1. The District Collector, Collectorate, Thirpattur district, Thirupattur.

2. Project officer, District Rural Development Agency, Thirupattur district.

3. The Block Development Officer, Alangayam Block, Thirupattur District.

4. The Block Development Officer, Jolarpettai Block, Thirupattur District.

5. The Block Development Officer, Thirupattur Block, Thirupattur District.

V.BHAVANI SUBBAROYAN, J.,

Lbm W.P.No.18786 of 2024 31.07.2024