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Madras High CourtWP/34250/2024disposed of

P.Kannaniyan v. The Principal Chief Conservator Of Forest And

2024-11-22Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.34250 of 2024 P.Kannaiyan ....

Petitioner -Vs1.The Principal Chief Conservator of Forest & Head of Forest Force Joint Forest Management Velachery Main Road Guindy, Chennai-32.

2.The Additional Principal Chief Conservator of Forests Dharmapuri Forest Circle District Collector Office Backside Dharmapuri District.

3.The District Forest Officer Hosur Forest Division Hosur.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to disburse the Guarantee fund by considering petitioner's representation dated 25.08.2023 within time frame.

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For Petitioner :

Mrs.K.Jenitha For Respondents :

Dr.T.Seenivasan Special Government Pleader (Forest)

ORDER

The writ petition has been filed in the nature of a Mandamus seeking a direction to the respondents to disburse a guarantee fund. The petitioner had given a representation on 25.8.2023.

2.The petitioner is a Forest Contractor and he has also registered himself as Forest Contractor. He had being renewing the registration periodically. It had been stated that if the work is allowed and he does not commence the work within the stipulated period of time, then the amount deposited as security deposit amount will be forfeited. It had been stated that 2.5% of the guarantee fund would be deducted and paid only in the final bill. The balance 2.5% would be refunded after the contractors produces NSC or S.B. Account Pass Book to the value of 2.5% of the work completed in the name of the 3rd respondent. 2 / 4

3.A representation had given by the petitioner herein that there has been no proper disbursal of the guarantee. The learned Special Government Pleader (Forest) took notice on behalf of the respondents. 4.In view of the facts stated, a direction is given that the respondents should consider the representation given by the petitioner following due procedure. The representation must be disposed of within a period of eight weeks from the date of receipt of copy of this order. 5.The Writ Petition stands disposed of with the above directions. No costs.

22.11.2024 Index : Yes/No NCS : Yes/No KP 3 / 4

C.V.KARTHIKEYAN.,J KP To 1.The Principal Chief Conservator of Forest & Head of Forest Force Joint Forest Management Velachery Main Road Guindy, Chennai-32.

2.The Additional Principal Chief Conservator of Forests Dharmapuri Forest Circle District Collector Office Backside Dharmapuri District.

3.The District Forest Officer Hosur Forest Division, Hosur.

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