Plr And Co v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN PLR & Co.

Represented by its Managing Partner, R.Rethinam, W/o.Rajendran, 2/32, Main Road, Lembakudi & Post, Pudukottai District - 622 412.

... Petitioner Vs.

1.The State represented by The Principal Secretary to Government, Rural Development Department, Fort St.George, Secretariate, Chennai - 600 009.

2.The District Collector / Chairman, Rural Development Agency, Pudukottai.

3.The Project Director, District Rural Development Agency, Pudukottai.

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4.The Block Development Officer (Village Panchayat), Ponnamaravathy Panchayat Union, Ponnamaravathy, Pudukottai 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 respondents 2 to 4 to disburse the sum of Rs.83,77,917/- along with 12 % interest from the date of sanctioning bill by the second respondent and consequently, consider the representation dated 29.12.2022 sent by the petitioner to the respondents.

For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.Prakash Additional Government Pleader

ORDER

Heard both sides.

2. The writ petitioner is a registered Class I contractor. Even according to the respondents, the following works were executed by the writ petitioner herein:

i) Strengthening to the Thirukkalambur Melatheru road Km 0/0-0/297 in Thirukalambur Panchayat 2/6

ii) Upgradation to the road from Raja Nagar Road Km 0/0-0/798 in Thottiyampatti Panchayat iii) Upgradation of the Kollupatty to Annanagar road 0/0-0/550 in Varpet Panchayat iv) Strengthening to the road from Edayanparai road Km 0/0-0/716 un Araqsamalai Panchayat v) Upgradation to the Vengam[atty road from Km 0/0-0/713 in Oliyamangalam Panchayat vi) Upgradation to the Maruthampatty road Km 0/0-0/518 in Karaiyur Panchayat.

3. The grievance of the writ petitioner is that till date his bills have not been settled. There is absolutely no justification for with holding the bill amounts payable to the petitioner. The respondents 2 and 3 are directed to settle the petitioner's bill amount as expeditiously as possible. The petitioner has demanded 12% interest. If the petitioner's bill amount is settled within three months from today (17.11.2023), it will not carry interest. If the respondents fail to settle the petitioner's bill amount 3/6

within a period of three months, it will carry interest at the rate of 6% per annum from the date when they become due and payable to the petitioner.

4. This writ petition is allowed accordingly. There shall be no order as to costs.

17.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Principal Secretary to Government, Rural Development Department, Fort St.George, Secretariate, Chennai - 600 009.

2.The District Collector / Chairman, Rural Development Agency, Pudukottai.

3.The Project Director, District Rural Development Agency, Pudukottai.

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4.The Block Development Officer (Village Panchayat), Ponnamaravathy Panchayat Union, Ponnamaravathy, Pudukottai District.

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G.R.SWAMINATHAN, J.

MGA 17.11.2023 6/6