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Madras High CourtWP/24746/2021disposed of

P.Thiruvengadam v. The District Collector

2021-11-19Honourable Mr Justice M.Dhandapani3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. NO. 24746 OF 2021 P.Thiruvengadam, S/o. Periyasamy, No.3, Annamalai Garden, Kathiravan School Road, K.V.R Nagar West, Mangalam Road, Thiruppur District - 641 604.

...Petitioner

Versus

1. The District Collector Tiruppur, Tiruppur District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruppur, Tiruppur District.

3. The Tahsildar, Avinashi Taluk, Avinashi, Tiruppur District

4. Sri Saravana RMC, Mfgs. Of Ready Mix Concrete, Rep. by its Manager, No.629/3A, Avinsai Main Road, Vanjipalayam, Tiruppur District - 641 663.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus or any other appropriate order, direction or any other order in the nature of writ directing the Respondents 1 to 3 to consider and dispose my Representation dated 16.10.2021 in accordance

with law, within a time limit to be stipulated by this Court. For Petitioner : Mr.B.Parthiban For Respondents : Mr.U.Bharanidharan Additional Government Pleader

O R D E R

This writ petition has been filed for seeking for issuance of Writ of Mandamus or any other appropriate order, direction or any other order in the nature of writ directing the Respondents 1 to 3 to consider and dispose my Representation dated 16.10.2021 in accordance with law, within a time limit to be stipulated by this Hon'ble Court.

2.The case of the petitioner is that the petitioner is a resident of Tiruppur District and he constructed a house in the year 2020. For construction of the building he engaged 4th respondent for supplying of concrete ready mix. Accordingly, he purchased 22.5m size of M20 Grade concrete mix from the 4th respondent. Thereafter, the whole building was completed in February 2021 and the house warming ceremony was done. Thereafter, during the rainy season there was a leakage on the roof and rain drops fell into the house and thereby the household articles got damaged. Thereafter, he made an enquiry with the Engineer and he came to know that due to the wrong proportion of the concrete mix, the roof of the building is started leaking.

Thereby, the petitioner approached the 4th respondent and made a complaint for which, he apologized and he replied that, mistakenly substandard concrete mix was supplied to the petitioner, which was already prepared for the construction of adjacent wall "Noyyal River" under "Smart City" project and thereafter the petitioner realized that the substandard concrete mix was supplied to the Government and thereafter the petitioner made a complaint to the District Collector, who is the authority for taking care of the Government Schemes and he made a representation to the respondent to take appropriate action against the 4th respondent. However, till date no orders was passed. Hence, the present writ petition is filed.

3.Mr.B.Parthiban, learned Counsel for the petitioner submits that this Court may issue a direction to 1st respondent to consider the petitioner representation dated 06.10.2021 and shall pass appropriate orders after hearing the 4th respondent.

4.Mr.U.Bharanidharan, learned additional Government Pleader appearing for the respondent takes notice for the 1st respondent submits that the 1st respondent will pass appropriate orders in accordance with law.

5. Considering the facts and circumstance of the case, since no adverse order is passed against respondents 2 to 4, notice on R2 -R4 is dispensed with. Considering the limited request made by the petitioner, this court is inclined to direct the respondents to consider the petitioner representation dated 16.10.2021 and pass appropriate order in accordance with law within a period of twelve weeks from the date of copy of this order.

6. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Sma To

1. The District Collector Tiruppur, Tiruppur District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruppur, Tiruppur District.

3. The Tahsildar, Avinashi Taluk, Avinashi, Tiruppur District.

+1cc to Mr.B.Parthiban, Advocate, S.R.No.60447 +1cc to the Government Pleader, S.R.No.60035 W.P. No. 24746 of 2021 PL(CO) RLP(14/12/2021)