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Madras High CourtWP(MD)/6544/2019allowed

J.E.John Samuel v. The District Collector

2019-04-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6544 of 2019 J.E.John Samuel ... Petitioner Vs 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Block Development Officer, Thovalai Union, Kanyakumari District.

3.The Special Officer / President, Arumanalloor Village Panchayat, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to pay Rs.44,875/- with interest at the rate of 1% from 14.03.2016 till date by considering the petitioner's representation dated 29.11.2018.

For Petitioner : Mr.S.Sivakumar For R1 : Mr.K.MU.Muthu Additional Government Pleader Fro R2 and R3 : Mr.P.Kannidevan

ORDER

When the matter was taken up for hearing, it was admitted by the respondents that the petitioner had actually supplied the goods in question. Therefore, the respondents are bound to pay the value for the goods. It appears that no entry had been made by the concerned President acknowledging receipt of the goods. It is the procedural difficulty that has been a reason for non payment to the petitioner.

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2.Taking note of all these aspects, this Court directs the first respondent to forthwith pay a sum of Rs.44,875/- to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

If the amount is not paid within the said period, the first respondent will have to pay interest to the petitioner at the rate of 6% from the date of supply of goods. 3.With the above observation, this writ petition is allowed. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Block Development Officer, Thovalai Union, Kanyakumari District.

3.The Special Officer / President, Arumanalloor Village Panchayat, Kanyakumari District.

+1 CC to M/s.S.SIVA KUMAR, Advocate in SR-61540 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.61780 W.P.(MD)No.6544 of 2019 22.04.2019 ta PK/14.05.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/