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Madras High CourtWP(MD)/1601/2024disposed of

Ayyar v. The Director

2024-01-29Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1601 of 2024 Ayyar ... Petitioner Vs 1.The Director, Commissionerate of Municipal Administration, No.11th Floor, Building No.75, Santhome High Road, M.R.C.Nagar, Raja Annamalaipuram, Chennai-600 028.

2.The District Collector, Dindigul District, Dindigul.

3.The Assistant Director (Town Panchayat) Collectorate Office, Dindigul District, Dindigul.

4.The Executive Officer, Nilakottai Town Panchayat, Nilakottai, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to disburse the tender work amount for a sum of Rs.11,40,000/- (Eleven Lakhs and Forty Thousand only) for the contract works carried out in the fourth 1/6

respondent's Town Panchayat during the financial year of 2018-2019 with interest of 18% P.A., within time frame fixed by this Court on the basis of petitioner's representation dated 12.06.2023. For Petitioner : Mr.T.Vadivelan For R1 to R3 : Mr.D.Gandhiraj Special Government Pleader For R4 : Mr.B.Saravanan Additional Government Pleader

ORDER

The Petitioner has filed this Writ Petition seeking a direction to the fourth respondent to disburse the tender work amount of Rs.11,40,000/- (Eleven Lakhs and Forty Thousand only) for the contract works carried out in the fourth respondent's Town Panchayat during the financial year of 2018-2019 with interest of 18% P.A., within time frame fixed by this Court on the basis of petitioner's representation, dated 12.06.2023.

2. Heard Mr.T.Vadivelan, learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.B.Saravanan, learned Additional Government Pleader appearing for the fourth respondent.

3. By consent, this writ petition is disposed of at the admission itself. 2/6

4. According to the petitioner, the fourth respondent had issued tender notification through its proceedings in Na.Ka.No.63/2018/A2 dated 16.04.2018 calling for various works in Nilakottai Town Panchayat. As such, the petitioner had participated and selected as successful bidder in the tender and the fourth respondent has awarded the said contract work to the total sum of Rs. 11,40,000/-. The petitioner had completed the work within the stipulated time without any remarks. He had submitted all the relevant documents, bills for claiming the work amount before the concerned officials after completion of work. The petitioner went to approach the official respondent, but the respondents neither release the work amount nor takes further steps to release the work amount. Hence, the petitioner has sent a detailed representation to the respondents through registered post on 12.06.2023. Since the respondents have not taken any action, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

5. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that appropriate direction may be given to the respondents to dispose of the petitioner's representation, dated 12.06.2023, in accordance with law, within a time frame.

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6. Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the respondents to consider the petitioner's representation, dated 12.06.2023, pass orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of. No costs. 29.01.2024 Index : Yes/No Internet: Yes/No am 4/6

To 1.The Director, Commissionerate of Municipal Administration, No.11th Floor, Building No.75, Santhome High Road, M.R.C.Nagar, Raja Annamalaipuram, Chennai-600 028.

2.The District Collector, Dindigul District, Dindigul.

3.The Assistant Director (Town Panchayat) Collectorate Office, Dindigul District, Dindigul.

4.The Executive Officer, Nilakottai Town Panchayat, Nilakottai, Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

am W.P(MD)No.1601 of 2024 29.01.2024 6/6