David Raj.N v. The Special Commissioner And Commissioner Of Revenue Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.David Raj ... Petitioner Vs.

1.The Special Commissioner and Chepauk, Chennai.

2.The District Collector, Collectorate Office, Kanyakumari, Nagercoil.

3.The Executive Engineer P.W.D W.R.O, Kodhayar Basin Division, 4.The Assistant Executive Engineer P.W.D W.R.O, Pazhayar Basin Sub Division, 5.The Assistant Engineer P.W.D.W.R.O, Boothapandi Section, Boothapandi, Kanyakumari District.

6.The Superintending Engineer, P.W.D.W.R.O Thamiraparani Basin Circle, Near S.P.Office, Tirunelveli.

7.The Chief Engineer, P.W.D.W.R.O, Madurai Region, 1/4

Thallakulam, Madurai.

8.The Chief Engineer General P.W.D.W.R.O, P.W.D Campus, Chepauk, Chennai-5.

9.The Additional Chief Secretary, Disaster Management, Ezhilagam, Chennai.

10.The Assistant Executive Engineer, P.W.D.W.R.O, Kodayar Basin-Division, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent herein to release the amount to the tune of Rs10,00,000/- (Rupees Ten lakhs only) with 18% interest from June 2021 till the payment so as to facilitate the 2nd and 3rd respondents herein to disburse the same to the petitioner for contractual work carried out by the petitioner during YASH CYCLONE. For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.N.G.A.Nataraj Government Advocate

ORDER

Heard both sides.

2. It is not in dispute that the petition mentioned work was issued in favour of the petitioner herein. The petitioner has also successfully carried out 2/4

the work. This was done more than three years ago. The grievance of the petitioner is that till date, the bill amount has not been paid. That led to filing of this writ petition.

3. It is not in dispute that the concerned authorities have written to the chief engineer for allotment of funds. Since the work order was issued to the petitioner and work had also been completed, there is absolutely no justification in delaying payment. Explanation given by the respondents is unacceptable. I therefore direct R1 & R3 to settle the petitioner's bill amount with interest at the rate of 6% per annum within a period of ten weeks from the date of receipt of a copy of this order.

4. The Writ Petition is allowed. No costs.

03.06.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The Special Commissioner and Chepauk, Chennai.

2.The District Collector, Collectorate Office, Kanyakumari, Nagercoil.

3.The Executive Engineer P.W.D W.R.O, Kodhayar Basin Division, 3/4

G.R.SWAMINATHAN, J.

rmi 4.The Assistant Executive Engineer P.W.D W.R.O, Pazhayar Basin Sub Division, 5.The Assistant Engineer P.W.D.W.R.O, Boothapandi Section, Boothapandi, Kanyakumari District.

6.The Superintending Engineer, P.W.D.W.R.O Thamiraparani Basin Circle, Near S.P.Office, Tirunelveli.

7.The Chief Engineer, P.W.D.W.R.O, Madurai Region, Thallakulam, Madurai.

8.The Chief Engineer General P.W.D.W.R.O, P.W.D Campus, Chepauk, Chennai-5.

9.The Additional Chief Secretary, Disaster Management, Ezhilagam, Chennai.

10.The Assistant Executive Engineer, P.W.D.W.R.O, Kodayar Basin-Division, 03.06.2024 4/4