Muthulingam.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Muthulingam .. Petitioner Vs 1.The District Collector, Office of the District Collector, Madurai District.

2.The Senior Regional Manager, (Sub Collector), Tamil Nadu Civil Supplies Corporation, Madurai - 625 020.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to pay the amount of Rs.4,12,000/- on the basis of the receipt issued by the 2nd respondent, on the basis of the petitioner's representation, dated 20.04.2022, within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For Respondents : Mr.M.Lingadurai for R1 Special Government Pleader Mr.G.Mohankumar for R2

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pay the amount of Rs.4,12,000/- (Rupees Four Lakhs and Twelve Thousand only) to the petitioner, based on the receipt issued by the second respondent on the basis of the petitioner's representations, dated 20.04.2022, within a time frame to be fixed by this Court.

2.Heard Mr.C.Jeganathan, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the first respondent and Mr.G.Mohankumar, learned counsel, who accepts on behalf of the second respondent.

3.According to the petitioner, she has supplied paddy to the respondents and till date, she has not received any payment. She 1/3

has also produced the copy of the receipt, dated 05.02.2022, issued by the second respondent acknowledging the receipt of the paddy. The petitioner has sent representations on 20.04.2022, seeking for payment, to the respondents. Since her representations have not been considered till date, she has filed this writ petition. 4.On instructions, the learned Standing Counsel appearing for the second respondent, would submit that the paddy was not directly supplied by the petitioner to the second respondent, but it was supplied through the Secretary, Government Direct Paddy Procurement Center, Poochampatti, Karumathur Panchayat, Chellampatti Union. Therefore, with regard to the payment sought for by the petitioner, the second respondent will have to make the payment only through the above said center.

According to the petitioner, the first respondent (District Collector) has constituted a State Level Committee to monitor the irregularities committed by the suppliers. Therefore, he would submit that sufficient time ought to be granted to the second respondent to consider the petitioner's representations, seeking for payment. The learned counsel for the petitioner is also agreeable for giving sufficient time to the second respondent to consider the petitioner's representation. 5.For the foregoing reasons, this Court directs the respondents to consider the petitioner's representation, dated 20.04.2022, seeking for the payment of a sum of Rs.

4,12,000/- (Rupees Four Lakhs and Twelve Thousand only) towards the supply of paddy and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting her the right of personal hearing, within a period of six months from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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To 1.The District Collector, Office of the District Collector, Madurai District.

2.The Senior Regional Manager, (Sub Collector), Tamil Nadu Civil Supplies Corporation, Madurai - 625 020.

+1 CC to M/s.G. MOHAN KUMAR, Advocate ( SR-21805[F] dated 27/04/2022 ) +1 CC to M/s.C. JEGANATHAN, Advocate ( SR-21969[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-22995[F] dated 29/04/2022 ) 27.04.2022 RD(23.05.2022) 3P 6C 3/3