Madras High CourtWP(MD)/10195/2014disposed of

O.Homerlal v. The District Forest Officer,

2018-01-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.10195 of 2014 O.Homerlal ... Petitioner Vs.

1.The District Forest Officer, Kanyakumari Division, Nagercoil.

2.The Conservator of Forest, Tirunelveli Circle, Behind RTO Office, N.G.O.Colony, Tirunelveli.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to return 390 bags of cement along with the security deposit which was withheld by the respondents for the contract work done by the petitioner by considering the representation of the petitioner dated 31.01.2014.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.Rajarajan, Government Advocate.

ORDER

According to the petitioner, he is the successful bidder for carrying out a contract work to lay a road from Chemparai to Kunnimuthucholai in Mahandiragiri reserved forest. He has completed the said work. As per the conditions of the contract, the respondents should supply 390 cement bags to the petitioner for carrying out the above said work. But, while executing the said work, the respondents failed to supply the cements. In these circumstances, the petitioner is entitled for costs for using the cements for the said work. In this regard, the petitioner made a representation dated 30.01.2014 to the respondents, but so far, no order has been passed. Hence, the present Writ Petition has been filed.

2.Considering the facts and circumstances, the first respondent is directed to consider the petitioner's representation dated 30.01.2014 and pass orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

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3.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Forest Officer, Kanyakumari Division, Nagercoil.

2.The Conservator of Forest, Tirunelveli Circle, Behind RTO Office, N.G.O.Colony, Tirunelveli.

+1cc to M/S.S.C.Herold Singh, Advocate SR.No. 41439 +1cc to Special Government Pleader, SR.No. 41943 W.P(MD)No.10195 of 2014 10.01.2018 myr JM/GT/SAR 1/29.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/