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Madras High CourtWP/34158/2022disposed of

M.Subramanian v. The Principal Chief Forest Conservative Officer,

2022-12-21Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

34158 of M.Subramanian .. Petitioner Vs.

1. The Principal Chief Forest Conservative Officer, O/o. The Principal Chief Forest Conservative Officer, Panagal Building, Saidapet, Chennai - 600 015.

2. The Principal Accountant General, (Audit) Complex, No.361, Rostrevor Garden, Anna Salai, Teynampet, Chennai - 600 018.

3. The Forest Engineer, O/o. The Forest Engineer, J.J.Nagar, Senthooram Street, Tiruchirapalli - 23.

4. The Forest Engineer, O/o. The Forest Engineer, Forest Engineering Division, Harur Town & Taluk, Dharmapuri District - 63693.

.. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution 1/5

of India seeking a Writ of Mandamus directing the respondents 1 to 4 to repay the petitioner's guarantee amount of Rs.3,10,181/- which have been deducted from the contract estimated amount of Rs.1,24,07,276/- along with its nominal interest as per the guidelines of Reserve Bank of India, on the basis of the petitioner's representation sent through the Special Cell of the Hon'ble Chief Minister of Tamil Nadu dated 11.02.2021. For Petitioner : Mr.Dalit Tiger C.Ponnusamy For Respondents 1, 3 & 4: Mrs.R.Anitha Special Government Pleader For Respondent 2 : Mrs.Hema Muralikrishnan - - - - -

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 4 to repay the petitioner's guarantee amount of Rs.3,10,181/- which has been deducted from the contract estimated amount of Rs.1,24,07,276/- along with its nominal interest as per the guidelines of the Reserve Bank of India, on the basis of the petitioner's representation sent through the Special Cell of the Hon'ble Chief Minister of Tamil Nadu dated 11.02.2021.

2. The learned counsel appearing for the second respondent on 2/5

instructions submitted that they have not received any communication from the first respondent, whereas, the learned Special Government Pleader appearing for the first respondent on instructions submitted that they have sent communication in the year 2018 itself and once again they sent it on 02.11.2022 for sanction order from the second respondent to release funds to the petitioner. Whereas, the contention of the learned counsel appearing for the second respondent is that the communication has not been received.

3. Such view of the matter, the first respondent shall send the communication dated 02.11.2022 to the second respondent within a week. After receipt of such communication, the second respondent shall pass orders within a period of two months thereafter and the amount shall be disbursed to the petitioner within one month thereafter. With the above directions, the writ petition is disposed of. No costs. 21.12.2022 Index : Yes / No kk To

1. The Principal Chief Forest Conservative Officer, Panagal Building, Saidapet, Chennai - 600 015.

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2. The Principal Accountant General, (Audit) Complex, No.361, Rostrevor Garden, Anna Salai, Teynampet, Chennai - 600 018.

3. The Forest Engineer, O/o. The Forest Engineer, J.J.Nagar, Senthooram Street, Tiruchirapalli - 23.

4. The Forest Engineer, O/o. The Forest Engineer, Forest Engineering Division, Harur Town & Taluk, Dharmapuri District - 63693.

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N.SATHISH KUMAR, J.

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