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Madras High CourtWP/26519/2023disposed of

S.Thippireddy v. The Director Of Town Panchayat

2023-09-11Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26519 of 2023 S.Thippireddy

...Petitioner

Vs.

1.The Director of Town Panchayat, Directorate of Town Panchayat, 7th & 8th Floor, Urban Administrative Office Campus, 27CF + FCG, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Assistant Director of Town Panchayat, Office of A.D.Town Panchayat, Collectorate Campus, Salem District, Pin 636 001.

3. The Executive Officer, Poolampatty Town Panchayat, Poolampatty, Pin 637 107.

Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the representation dated 21.07.2023 submitted by the petitioner requesting to release the payment for the works completed by the Petitioner 1/4

namely construction of four OHT tanks of 30,000 Ltr capacity each at Kovilapalayam, Vanniya Nagar, Koodakkal Vadakkatthi Kadu & Kattur in the Poolampatty Town Panchayat, Salem District, the 3rd respondent herein. For Petitioner : Mr.V.R.Appaswamee For Respondents : Mrs.S.Anitha Special Government Pleader For R1 and R2 Mr.C.Sathish, Government Advocate for R3

O R D E R

The petitioner herein seeks a direction to the respondents to release payment due to the petitioner in respect of the works executed by him namely construction of four OHT tanks in 3rd respondent Town Panchayat. 2.According to the petitioner, he is a registered Contractor and he participated in the tender notification dated 09.12.2020, issued by the 3rd respondent for construction four OHT tanks in the Town Panchayat with the capacity of 30,000 Ltr. The petitioner became the successful bidder and work order was issued to him for construction of four OHT tanks. As per the terms of the work order, the petitioner completed the construction of four OHT tanks 2/4

and raised his bills for payment. The respondents failed to release any amount to the petitioner as per the bills raised by him. Therefore, the petitioner submitted a representation on 21.07.2023, requesting the respondents to consider the bills submitted by him and release the payment for the works executed by him. The said representation has not been considered till date. Therefore, the petitioner has come up with this writ petition. 3.Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 & 2. Mr.C.Sathish, learned Government Advocate takes notice for the 3rd respondent.

4.In view of the limited prayer made by the petitioner seeking direction to consider his representation, this Court without expressing any opinion on the merits of the claim made by the petitioner, is inclined to issue a direction to the 2nd respondent to consider the representation of the petitioner dated 21.07.2023 and pass final orders on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order. 3/4

S.SOUNTHAR , J.

nti 5.With the above direction, the writ petition stands disposed of. No costs.

11.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti/nsl To 1.The Director of Town Panchayat, Directorate of Town Panchayat, 7th & 8th Floor, Urban Administrative Office Campus, 27CF + FCG, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Assistant Director of Town Panchayat, Office of A.D.Town Panchayat, Collectorate Campus, Salem District, Pin 636 001.

3. The Executive Officer, Poolampatty Town Panchayat, Poolampatty, Pin 637 107.

Salem District.

W.P No.26519 of 2023 4/4