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Madras High CourtWP(MD)/22233/2017disposed of

N.Mariappan, S/O.Nainar v. The District Collector

2017-12-05Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.22233 of 2017 N.Mariappan

...Petitioner

Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Project Director, District Rural Development Authority, Tirunelveli.

3. The Block Development Officer, Ambasamudram Panchayat Union, Ambasamudram, Tirunelveli District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to sanction 25% bill amount of laying Thar Road withheld by the respondents and take steps to recover the bill amount of repairing the Thar Road which is relating to Thar Road from Papanasam Road to Thaipusathurai at Sivanthipuram Panchayat, Ambasamudram Taluk, Tirunelveli District based on petitioner's representation dated 19.10.2017.

For Petitioner : Mr.T.Selvan For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader for R1 Mr.J.Gunaseelan Muthiah, Government Advocate for R2 & R3 *****

O R D E R

By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2. Mr.A.K.Baskara Pandian, learned Special Government Pleader takes notice for the first respondent and Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for respondents 2 & 3.

3. The petitioner, who is a contractor registered under the District Rural Development Authority (DRDA), is before this Court, contending that the respondents had not fully settled the bill amount, for the works done by him, i.e., laying as well as repairing the Bitumen Road. In this regard, he has submitted several representations before the authorities and because of their inaction, the present petition came to be filed.

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 19.10.2017, is disposed of by the respondents, on merits.

5. Considering the facts and circumstances of the case and also the limited scope of the relief sought for, this Court, without going into the merits of the claim, directs the respondents to consider the representation of the petitioner dated 19.10.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and all the other interested parties, if any, within a period of six 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-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Project Director, District Rural Development Authority, Tirunelveli.

3. The Block Development Officer, Ambasamudram Panchayat Union, Ambasamudram, Tirunelveli District.

+1cc to Mr.T.Selvan Advocate SR.No.90943.

+1cc to SPECIAL GOVERNMENT PLEADER, in SR.No.91425 gk MV:SV-MMS:SAR4:18/12/2017/3P/6C W.P.(MD).No.22233 of 2017 05.12.2017