P.Kasthuri v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU P.Kasthuri ... Petitioner -vs1. The District Collector, Office of the District Collector, Thiruvallur District.
2. The Assistant Director of Panchayath, Collectorate Building, Thiruvallur.
3. The Block Development Officer (Village Panchayat), Office of the Block Development Officer, Thiruvallur Panchayat Union, Thiruvallur.
4. The Panchayat President, Putlur, Thiurvallur District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to expeditiously release the pending payment of Rs. 18,78,500/- to the Petitioner. 1/5
For Petitioner : Mr. M.Mohamed Yasin For Respondents : Mr. U.Baranidharan, Additional Government Pleader (for R1 & R2) Mr. A.Anandan (for R3 & R4)
O R D E R
Heard Mr. M.Mohamed Yasin, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the First and Second Respondents, and Mr. A.Anandan, Learned Counsel, who takes notice for the Third and Fourth Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.
The grievance ventilated by the Petitioner is that she had made a representation dated 19.09.2022 to release the pending payment of Rs. 18,78,500/- said to have been due to her for works carried out by her under the contract undertaken in the Village Panchayat of the Fourth Respondent, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.
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3.
Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 19.09.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 31.03.2024 before the Registrar (Judicial) of this Court.
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In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
09.11.2023 kv Index: Yes/No Note: Issue order copy by 20.02.2024.
To
1. The District Collector, Office of the District Collector, Thiruvallur District.
2. The Assistant Director of Panchayath, Collectorate Building, Thiruvallur.
3. The Block Development Officer (Village Panchayat), Office of the Block Development Officer, Thiruvallur Panchayat Union, Thiruvallur.
4. The Panchayat President, Putlur, Thiurvallur District.
Copy to
1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.
2. P.Kasthuri, W/o. Gajendran, No. 1/50, Bajanai Koil Street, 89, Perumal Pattu Post, Thiruvallur District - 602 024.
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P.D. AUDIKESAVALU, J.
kv 09.11.2023 5/5