← Library
Madras High CourtWP/22109/2024disposed of

A.Mahendran v. Director Of Town Panchayats

2024-08-07Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Mahendran ... Petitioner Vs

1. Director of Town Panchayats, 7th & 8th Floor, Urban Administrative Office Campus, Chennai - 600028.

2. Assistant Director (Town Panchayat), Salem District Collector Office, Fort Main Road, Salem - 636001.

3. The Executive Officer, Pattanam Town Panchayat, Rasipuram Division, Namakkal District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the petitioner the sum of Rs.4,37,175/- along with interest. For Petitioner : Mr. SP.Chockalingam For Respondents : Mr. V.Manoharan, Additional Government Pleader (for R1 & R2) 1/5

Mrs. R.Anitha, Special Government Pleader (for R3)

O R D E R

With consent of both sides, this Writ Petition has been taken up for disposal at the admission stage itself.

2. This Writ Petition is filed for directing the respondents to pay the petitioner a sum of Rs.4,37,175/- along with interest.

3. The petitioner, a contractor, had carried out many construction works in the Villages falling under Pattanam Town Panchayat on a contract basis. While that being so, from 2019 to 2021, the petitioner carried out several construction works in several villages. He had paid 2% as a deposit amount and another 2.5% as an additional deposit amount on the contract amount. Immediately after completion, he became entitled to a refund of the said amount, and a total sum of Rs.4,37,175/- is due to the petitioner from the respondents. Though the petitioner repeatedly submitted representations seeking a refund of the said amount, it was not considered, and as such, the petitioner was constrained to file this Writ Petition. 2/5

4. The learned Special Government Pleader appearing for the third respondent submitted that she needs some more time to settle the said amount, though the petitioner is entitled for the said amount.

5. In view of the above submissions, the respondents are directed to refund the amount, which was deposited by the petitioner while awarding the contract, along with interest at the rate of 6% per annum, from the date on which the amount became due, till the date of disbursement, within a period of twelve weeks from the date of receipt of a copy of this order.

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

07.08.2024 2/2 Index:Yes/No kv 3/5

To

1. The Director of Town Panchayats, 7th & 8th Floor, Urban Administrative Office Campus, Chennai - 600028.

2. The Assistant Director (Town Panchayat), Salem District Collector Office, Fort Main Road, Salem - 636001.

3. The Executive Officer, Pattanam Town Panchayat, Rasipuram Division, Namakkal District.

4/5

G.K.ILANTHIRAIYAN, J.

kv 07.08.2024 2/2 5/5