R.Kavitha v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA
1. R.Kavitha W/o.Ravi, 418, Vnp Nagar, Kollidam Post, Sirkazhi Taluk Mayiladuthurai District, Tamil Nadu-609 102.
Petitioner(s) Vs
1. The Chief Secretary Public Works Department, Secretariat, Chennai, Tamil Nadu-600009.
2.The Commissioner Directorate Of Rural Development And Panchayat Raj, Panagal Building, Saidapet, Chennai, Tamil Nadu-600 015.
3.The Collector Mayiladuthurai Collectorate, Mayiladuthurai District, Tamil Nadu609 001.
4.The Project Director District Rural Development Agency,
Mayiladuthurai Collectorate, Mayiladuthurai District, Tamil Nadu609 001.
5.The Blockd Evelopment Officer (rural Development And Panchayat Raj) Kollidam Panchayat Union, Kollidam, Mayiladuthurai District, Tamil Nadu609 102.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 5th respondent to consider and dispose of the representation of the petitioner dated 26.06.2025 in strict compliance with the reference order bearing No. Naa. Kaa. No.2621/ 2025/ A8 dated 17.07.2025 issued by the 4th respondent and to grant refund of the amounts deducted towards Earnest Money Deposit (EMD) Additional Earnest Money Deposit (AEMD) and Goods and Services Tax (GST) in respect of the contractual works executed by the petitioner over the past 10 years in the villages under the jurisdiction of Kollidam Panchayat Union. For Petitioner(s):
Mr.S.Senthilkumar Sushmitha.S For Respondent:
Mr.V.Manoharan, AGP for RR1 to 4 Mr.S.Yashwanth, AGP for R5
ORDER
(1)Mr.V.Manoharan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4. Mr.S.Yashwanth, learned Additional Government Pleader accepts on behalf of the 5 th respondent. With the consent of the learned counsels on either side, the main writ petition itself is taken up for final disposal at the admission stage itself. (2)The writ petition is filed for a mandamus directing the 5th respondent to consider and dispose of the representation of the petitioner dated 26.06.2025 in strict compliance with the reference order bearing No. Naa. Kaa. No.2621/ 2025/ A8 dated 17.07.
2025 issued by the 4th respondent and to grant refund of the amounts deducted towards Earnest Money Deposit (EMD) Additional Earnest Money Deposit (AEMD) and Goods and Services Tax (GST) in respect of the contractual works executed by the petitioner over the past 10 years in the villages under the jurisdiction of Kollidam Panchayat Union. (3)The petitioner is a registered Building and Village Road Contractor of Kollidam Panchayat Union.
Kollidam Panchayat Union for the past ten years along with the Sub Contractor Mr.K.Ramu, and that all the works undertaken by her, were duly completed in compliance with the contractual terms. The petitioner states that the 5 th respondent deducted amounts towards Earnest Money Deposit, Additional Earnest Money Deposit, and Goods and Service Tax, which were refundable. The petitioner further states that despite completion of works, the aforesaid amounts remain unpaid till date. The petitioner therefore, submitted multiple representations to the 5 th respondent for refund of the aforesaid amounts. The petitioner states that on 26.06.2025, she submitted a representation to the respondents 2, 3 and 5 and pursuant thereon, the 2 nd respondent, on 11.07.
2025, directed the 4 th respondent to take necessary action and in turn, the 4 th respondent, through reference dated 14.07.2025, instructed the 5 th respondent to verify the petitioner's claim and prepare a detailed report. Despite the aforesaid directions of the respondents 2 to 4, the th respondent did not initiate any action. Therefore, the petitioner was constrained to file the above writ petition for the aforesaid relief.
(4)Learned Additional Government Pleaders appearing for the respondents submit that the representation of the petitioner dated 14.07.2025 would be considered and appropriate orders will be passed and therefore, sought for reasonable time to dispose of the representation. (5)Heard the learned counsels on either side and also perused the materials on record.
(6)In view of the facts and circumstances of the case and the limited prayer in the writ petition, the 5 th respondent is directed to dispose of the petitioner's representation dated 26.06.2025, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. (7)The writ petition is disposed of with the above direction. No costs. 22-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Chief Secretary Public Works Department, Secretariat, Chennai, Tamil Nadu-600009.
2.The Commissioner Directorate Of Rural Development And Panchayat Raj, Panagal Building, Saidapet, Chennai, Tamil Nadu-600 015.
3.The Collector Mayiladuthurai Collectorate, Mayiladuthurai District, Tamil Nadu609 001.
4.The Project Director District Rural Development Agency, Mayiladuthurai Collectorate, Mayiladuthurai District, Tamil Nadu609 001.
5.The Blockd Evelopment Officer (rural Development And Panchayat Raj) Kollidam Panchayat Union, Kollidam, Mayiladuthurai District, Tamil Nadu609 102.
N.MALA J.
AP 22-08-2025