Madras High CourtWP(MD)/11173/2016disposed of

K.Avudaiappan, S/O.Karuppiah v. The District Collector

2016-06-24Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 24.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.11173 of 2016 K.Avudaiappan ..Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Block Development Officer, Panchayat Union, Vathirayiruppu,, Srivilliputhur Taluk, Virudhunagar District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to register the Petitioner's name in the Contractor List of his office as Contractor to take contract works worth upto Rs.20,00,000/- by considering his application, dated 1.4.2016.

For Petitioner :M/s.R.Murugappan For Respondents :Mr.S.Sadeshkumar Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.The grievance of the Petitioner is that he is having the legal and constitutional right to ask the Second Respondent/The Block Development Officer, Panchayat Union, Vathirayiruppu, Srivilliputhur, Virudhunagar District to register his name in his Office Register as Contractor to take contract works worth upto Rs.20 lakhs from his Office.

4.It appears that the Petitioner's name has not been registered as Contractor to take up the contract works worth upto Rs.20 lakhs. As a result of which, there is deprivation of his right to work as Contractor. Hence he has filed the present Writ Petition.

5.At this stage,the Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner had addressed a representation/Petition, dated 1.4.2016 to the Second Respondent, but till date, his petition/representation has not met with any positive response.

6.In view of the fact that the Petitioner's Petition, dated 1.4.2016, on the file of the Second Respondent is pending without any disposal, at this stage, this Court without expressing any opinion on the merits and contents of the representation so made by the Petitioner, simpliciter, directs the Second Respondent to immediately take up the Petition of the Petitioner, dated 1.4.2016 within a period of one week from the date of receipt of a copy of this order and thereafter, to pass a detailed speaking order on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice in true letter and spirit) within a period of two weeks thereafter.

It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent/The Block Development Officer, Panchayat Union, Vathirayiruppu, Srivilliputhur, Virudhunagar District and the Second Respondent shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 1.4.2016.The Petitioner is directed to lend his assistance and cooperation to the Second Respondent as regards the disposal of his petition, dated 1.4.2016.

7.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Block Development Officer, Panchayat Union, Vathirayiruppu,, Srivilliputhur Taluk, Virudhunagar District.

+1cc to Mr.R.Murugappan, Advocate SR.No.33142 +1cc to the special Government Pleader SR.No.32725 sm:ARK-PV:05.07.2016:3P/5C W.P(MD)No.11173 of 2016 24.06.2016