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Madras High CourtWP/38199/2024disposed of

R.Arjunan v. The District Health Officer

2025-01-02Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.38199 of 2024 and WMP No.41319 of 2024 R.Arjunan ... Petitioner Vs

1. The District Health Officer, O/o the District Health Office, Thiruvannamalai District.

2. The Block Medical Officer, Primary Health Centre, Kommananthal, Thiruvannamalai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the respondents to pay the due hiring charges to the petitioner for the month of September to November 2024 and also to continue to engage the service of the petitioner's vehicle under RBSK scheme for the remaining period of Agreement dated 02.01.2024 and also to extend the contract for the further period of two years.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.E.Sundaram, Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents to pay the hiring charges to the petitioner for the months of September and November 2024 and also seeks further direction to continue the engagement of the petitioner's vehicle under RBSK scheme for the remaining period of agreement and also to extend the contract for further period of two years.

2. According to the petitioner, he is the registered owner of Mahindra Xylo 2019 model bearing registration No.TN 25 BK 0038 and Mahindra Bolero bearing registration No.16 W 1983. The second respondent offered the petitioner to hire his vehicles at the block level as multi utility vehicle under the RBSK vehicle Scheme. The agreement of the petitioner was renewed on 02.01.2024. The hire charges for each of the vehicle is fixed at Rs.39,500/-. Suddenly, the second respondent refused to utilize the vehicles of the petitioner from

the month of September 2024, without assigning any reason. Further, as per the stipulations in the agreement, the petitioner is entitled to seek extension of hiring for further two years, subject to the satisfactory performance. Therefore, the petitioner submitted a representation before the respondents 1 and 2 on 28.11.2024 seeking payment of hiring charges to the petitioner and also extension of the contract for further period of two years. The said representation has not been considered and hence, the petitioner has come before this court.

3. Mr.E.Sundaram, learned Government Advocate, who takes notice for the respondents would submit that the representation of the petitioner will be considered in accordance with law.

4. In view of the submission made by the learned Government Advocate, without going into the merits of the claim made by the petitioner, the first respondent is directed to consider the representation of the petitioner dated 28.11.2024 and pass final orders on its own merits, within a period of four weeks from the date of receipt of copy of this order.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

02.01.2025 Index:Yes/No Internet:Yes/No mst To

1. The District Health Officer, O/o the District Health Office, Thiruvannamalai District.

2. The Block Medical Officer, Primary Health Centre, Kommananthal, Thiruvannamalai District.

S.SOUNTHAR, J.

mst W.P.No.38199 of 2024 02.01.2025