S.Muthumari v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.5522, 5525 and 5526 of 2025 S.Muthumari ... Petitioner -vs1.The District Collector, Collectorate Campus, Madurai District.
2.The Assistant Director of Panchayats, Office of the Assistant Director of Panchayats, Collectorate Campus, Madurai District.
3.The Block Development Officer, Office of the Block Development Officer, Kallikudi, Madurai District.
4.The Kurayur Village Panchayat, Rep. by its Special Officer, Kurayur Village, Kallikudi Union, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the Impugned Order in Na.Ka.No.3968/2023/Thi3, dated 19.02.2025, on the file of the third
respondent and quash the same as illegal and consequently, directing the respondents 1 to 4 to permit the petitioner to complete the works awarded to him under (Seigniorage Fees) Scheme.
For Petitioner : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For R1 to R3 : Mr.K.S.Selva Ganesan Additional Government Pleader For R4 : Mr.S.Shanmugavel Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the impugned order passed by the third respondent, dated 19.02.2025 and a consequential direction to the respondents to permit the petitioner to complete the works awarded to him under (Seigniorage Fees) Scheme.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner claims to be a Class III Contractor and participated in the tender process for the works under the seigniorage fee scheme at Kurayur Village Panchayat. He was selected as the successful bidder and the fourth respondent
issued a work order and the petitioner has also commenced the said works and the same was also inspected by the Assistant Engineer. The petitioner also submitted a representation to the respondents on 04.02.2025, seeking permission to continue the works. However, without considering the said representation and without issuing a show cause notice or providing an opportunity for a hearing, the third respondent cancelled the work order through his impugned proceedings dated 19.02.2025. Hence, the present writ petition.
4. Heard both sides.
5. Considering the facts and circumstances of the case, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 04.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 18.03.2025 Index : Yes / No smn2 To:- 1.The District Collector, Collectorate Campus, Madurai District.
2.The Assistant Director of Panchayats, Office of the Assistant Director of Panchayats, Collectorate Campus, Madurai District.
3.The Block Development Officer, Office of the Block Development Officer, Kallikudi, Madurai District.
4.The Special Officer, Kurayur Village Panchayat, Kurayur Village, Kallikudi Union, Madurai District.
VIVEK KUMAR SINGH , J.
smn2 18.03.2025