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Madras High CourtWP/33575/2023disposed of with direction

S.M.Constructions v. The Commissioner

2026-06-09Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.33388 of 2023 S.M.Constructions, Rep. by its Proprietor, S.M.Selvam, Somanahalli Post, Indoor Via, Nallampalli Taluk, Dharmapuri District - 636 803.

... Petitioner Vs.

1.The Commissioner, Rural Development and Panchayat Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector, Chairman District Rural Development Agency, Dharmapuri, 3.The Additional Collector (Rural Development)/ Project Director, District Rural Development Department, 4.Block Development Officer, (BP) Karimangalam Block, Karimangalam, 1/4

5.The Executive Engineer, Rural Development, District Rural Development Agency, ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the impugned order in Na.Ka.No.2000/2021/R2 dated 09.11.2023 passed by the second respondent and quash the same.

For Petitioner : Mr.K.Balu For Respondents : Mr.P.Siddarth for R1 to R3, R5 Government Counsel Dr.T.Seenivasan for R4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari, calling for the records of the impugned order in Na.Ka.No.2000/2021/R2 dated 09.11.2023 passed by the second respondent and quash the same.

2.The learned counsel appearing for the petitioner submitted that this Court may, without going into the merits of the case, grant liberty to the petitioner to approach the appropriate civil Court with 2/4

regard to the amount due and payable by the respondents to the contractors attached in the present contract. The learned counsel further submitted that the period during which the writ petition was pending before this Court may be excluded for the purpose of limitation.

3.Considering the limited request now made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to approach the appropriate civil Court with regard to the amount due and payable by the respondents to the contractors attached in the present contract. The period during which the writ petition was pending before this Court is excluded for the purpose of limitation. 4.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 09.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Commissioner, Rural Development and Panchayat Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector, Chairman District Rural Development Agency, Dharmapuri, 3.The Additional Collector (Rural Development)/ Project Director, District Rural Development Department, 4.Block Development Officer, (BP) Karimangalam Block, Karimangalam, 5.The Executive Engineer, Rural Development, District Rural Development Agency, And W.M.P.No.33388 of 2023 09.06.2026 4/4