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Madras High CourtWP(MD)/16748/2017disposed of

Y.Jeyasingh, S/O.Yovan v. The District Collector

2017-09-14Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16748 of 2017 Y.Jeyasingh ... Petitioner -Vs1. The District Collector, Collectorate, Kanyakumari District.

2. The Superintendent Engineer, O/o. the Superintendent Engineer, Construction and Maintenance Circle, Tirunelveli District.

3. The Executor Engineer, O/o. the Executor Engineer, Construction and Maintenance , Nagercoil, Kanyakumari District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to provide amount a sum of Rs.11.83,430/- (Eleven Lakhs Eighty Three Thousand Four Hundred and Thirty Rupees Only) with interest towards completion of renovation of compound wall entrance Arch and road in Government ITI Campus at Konam, Nagercoil, Kanyakumari District by considering the representation dated 21.08.2017 within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.C.Selvaraj, Special Government Pleader.

ORDER

The prayer sought for in the Writ Petition is for issuance of a Writ of Mandamus directing the respondents 2 and 3 to provide a sum of Rs.11.83,430/- (Eleven Lakhs Eighty Three Thousand Four Hundred and Thirty Rupees Only) with interest towards completion of renovation of compound wall entrance Arch and road in Government ITI Campus at Konam, Nagercoil, Kanyakumari District by

considering the representation dated 21.08.2017.

2. Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the representation of the petitioner, dated 21.08.2017.

4. Mr.C.Selvaraj, learned Special Government Pleader, on instructions, would submit that the Chief Engineer, Public Works Department has written a letter to the Director, Department of Employment and Training, seeking further funds to disburse the amount to the petitioner. Once the fund is sanctioned, they will pay the amount to the petitioner.

5. In the light of the above facts, without going into the merits of the case, this Court directs the respondents 2 and 3 to consider the representation of the petitioner dated 21.08.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all the necessary parties, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate, Kanyakumari District.

2. The Superintendent Engineer, O/o. the Superintendent Engineer, Construction and Maintenance Circle, Tirunelveli District.

3. The Executor Engineer, O/o. the Executor Engineer, Construction and Maintenance, Nagercoil, Kanyakumari District.

+ 1 CC TO MR.T.Lajapathi Roy, ADVOCATE IN SR No.78944 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79283 dss/msa MK/JC/SAR-3/04.10.2017/3C/6C W.P.(MD)No.16748 of 2017 14.09.2017