Madras High CourtWP(MD)/9554/2014disposed of

E.Muthuraman, v. The District Collector/

2018-01-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.9554 and 9902 of 2014 E.Muthuraman ... Petitioner in both petitions Vs.

1. The District Collector / Chairman, of District Rural Development Agency, Madurai District @ Madurai.

2. The Project Director, District Rural Development Agency, Madurai District @ Madurai.

... Respondents in both petitions PRAYER in W.P.(MD)No.9554 of 2014 : 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 make the payments for the works already carried out by the petitioner in the upgradation of Kodikulam - Vinnagudi road in Chellampatti Panchayat Union.

PRAYER in W.P.(MD)No.9902 of 2014: 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 make alternative road plan for up-gradation of Kodikulam-Vinnagudi road in Chellampatti Panchayat Union thereby enabling the petitioner to carry out the up-gradation of road works.

For Petitioner : M/s.M.Padmavathy For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader (for both petitions)

ORDER

These Writ Petitions have been filed to direct the respondents to make the payments for the works already carried out by the petitioner in the up-gradation of Kodikulam - Vinnagudi road in Chellampatti Panchayat Union.

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2.According to the petitioner he was awarded with a working contract for up-gradation of Kodikulam - Vinnagudi road in Chellampatti Panchayat Union. He has completed a part of the work, at that time the contract awarded to the petitioner was cancelled on the ground that the road has been laid in the water source area. Subsequently, the petitioner made an application to the respondents to pay the amount for the work done by the petitioner. Since it was not paid, the petitioner has filed the present Writ Petitions.

3.Earlier, when the matter was taken up for hearing, this Court directed the Government Advocate to get instructions. Today, on instructions, the learned Additional Government Pleader submitted that the first respondent / The District Collector has passed an order dated 14.01.2015 to pay a sum of Rs.7,792/- to the petitioner after deducting various amounts payable by the petitioner. The learned counsel for the petitioner also admitted the same.

4.Considering the fact that the amount has already been deposited by the respondent, the W.P.(MD)No.9554 of 2014 is disposed of and in view of the order passed in the above Writ Petition W.P.(MD)No.9902 of 2014 is closed. However, if there is any grievance over the order passed by the District Collector, it is open to the petitioner to take appropriate proceedings, if he is so advised. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The District Collector / Chairman, of District Rural Development Agency, Madurai District @ Madurai.

2. The Project Director, District Rural Development Agency, Madurai District @ Madurai.

+ 1 cc TO M/s.M.Padmavathy , Advocate in SR No. 42757 + 1 cc TO The Special Government Pleader in SR No. 42266 ta AE/RSK/SAR1/16.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)Nos.9554 and 9902 of 2014 11.01.2018