Thiru Fabrication v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 6/1/2023 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Thiru Fabrication rep. By its Proprietor Mr.Thiruvarasan Cuddalore District.
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Petitioner Vs
1. The District Collector Thiruppur District Thiruppur.
2. The Block Development Officer Panchayat Union Office, Mulanur Tiruppur District.
3. The Block Development Officer Panchayat Union Office, Kundadam Tiruppur District.
4. The Block Development Officer Panchayat Union Office, Tiruppur Tiruppur District.
5. The Block Development Officer Panchayat Union Office, Kangeyam Tiruppur District.
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6. The Block Development Officer Panchayat Union Office, Pongalur Tiruppur District.
7. The Block Development Officer Panchayat Union Office, Gudimangalam Tiruppur District.
8. The Block Development Officer Panchayat Union Office, Udumalpet Tiruppur District.
9. The Block Development Officer Panchayat Union Office, Palladam Tiruppur District.
10. The Block Development Officer Panchayat Union Office, Uthukuli Tiruppur District.
11. The Block Development Officer Panchayat Union Office, Avinashi Tiruppur District.
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Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to settle the outstanding amount a sum of Rs.26,83,970/- (Rupees Twenty six lakhs eighty three thousand nine hundred and seventy only) to the petitioner towards the supply of materials to the Panchayat. For Petitioner ...
Mr.S.Lakshmanasamy For respondents ...
Mr.V.Nanmaran Additional Government Pleader for R.1.
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Mr.P.Ganesan for R.R.2 and 3.
Mr.M.Alagu Gautham Government Advocate for R.R.4 and 9.
Mr.Veda Bagath Singh Special Government Pleader for R.R.5 and 6.
Mr.S.Ravichandran Additional Government Pleader for R.R.7 and 8 Mr.C.Selvaraj Additional Government Pleader for R.R.10 and 11.
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O R D E R
This writ petition has been filed to direct the respondents to settle an outstanding amount a sum of Rs.26,83,970/- (Rupees Twenty six lakhs eighty three thousand nine hundred and seventy only) to the petitioner towards the supply of materials to the Panchayat.
2. The case of the petitioner is that based on the confirmation letter, dated 14/9/2016, issued by the first respondent, the petitioner had supplied materials to various Panchayats. Even after completion of work, respondents 2 to 11 have not remitted the entire amount. Hence, the petitioner had submitted many representations to the respondents, to remit the balance amount of Rs.26,83,970/-. Since the same has not been considered so far, Page No:3/6
the petitioner has come forward with the instant writ petition, praying for the relief as stated therein.
3. Heard Mr.S.Lakshmanasamy, learned counsel for the petitioner, Mr.V.Nanmaran, learned Additional Government Pleader for the first respondent, Mr.P.Ganesan, learned Government Advocate for the respondents 2 and 3, Mr.M.Alagu Gautham, learned Government Advocate for the respondents 4 and 9, Mr.Veda Bagath Singh, learned Special Government Pleader for the respondents 5 and 6, Mr.S.Ravichandran, learned Additional Government Pleader for the respondents 7 and 8 and Mr.C.Selvaraj, learned Additional Government Pleader for the respondents 10 and 11.
4. Mr.P.Ganesan, learned Government Advocate, appearing for the second and third respondents, filed a counter, wherein, it is stated that proposal are in progress. The proposal is pending favourable consideration with Joint Director, DRDA, who is competent to disburse the amount in favour of the petitioner with respect to the works completed by him. Once the second respondent receives the payments from the competent authority, the same will be handed over to the petitioner by way of cheques. Page No:4/6
5. The learned Government Advocate appearing for the respondents 2 and 3 submitted that status of the payments, as aforesaid has already been communicated to the petitioner. Inspite of knowing the above, the petitioner has rushed to this Court, by way of this writ petition.
6. The amount due is not disputed by the respondents. Statements made in the counter are recorded. Considering the stand taken by the respondents, there shall be a direction to the respondents to pay the respective amounts due to the petitioner, for the works completed by him, with regard to the supply of materials to the concerned Panchayats, within a period of two months, from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs.
6/1/2023 mvs.
Index : Yes / No Internet: Yes Speaking/non speaking order Note: Issue order copy on 9/1/2023 Page No:5/6
N.SATHISH KUMAR,J mvs.
To
1. The District Collector Thiruppur District, Thiruppur.
2. The Block Development Officer Panchayat Union Office, Mulanur, Tiruppur District.
3. The Block Development Officer Panchayat Union Office, Kundadam, Tiruppur District.
4. The Block Development Officer Panchayat Union Office, Tiruppur, Tiruppur District.
5. The Block Development Officer Panchayat Union Office, Kangeyam, Tiruppur District.
6. The Block Development Officer Panchayat Union Office, Pongalur, Tiruppur District.
7. The Block Development Officer Panchayat Union Office, Gudimangalam, Tiruppur District.
8. The Block Development Officer Panchayat Union Office, Udumalpet, Tiruppur District.
9. The Block Development Officer Panchayat Union Office, Palladam, Tiruppur District.
10. The Block Development Officer Panchayat Union Office, Uthukuli, Tiruppur District.
11. The Block Development Officer Panchayat Union Office, Avinashi, Tiruppur District. W.P.No.31485 of 2022 6/1/2023 Page No:6/6