Robert Sam, v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.3498 of 2017 Robert Sam ... Petitioner -vs1.

The Executive Engineer, Water Resource Organization (WRO, PWD), Thamarabarani Basin Division, Tirunelveli.

2.

The Accountant General of Tamil Nadu, 361, Anna Salai, Chennai-64.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's amount of Rs.1,79,808/- (withheld by 1st respondent in the year of 2009) with 24% interest from the year of 2010 till the date of payment.

For Petitioner : Mr.K.P.Narayanakumar For R1 : Mr.J.Gunaseelan Muthiah Govt. Advocate ******

O R D E R

This writ petition has been filed, seeking a direction to the respondents to disburse the petitioner's amount of Rs.1,79,808/- (withheld by 1st respondent in the year of 2009) with 24% interest from the year of 2010 till the date of payment.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for R1.

3. The case of the petitioner is that he is a licensed contractor of Tamil Nadu Public Works Department and had executed several works under several contracts. Though he has completed the work in the year 2009 itself, a sum of Rs.1,79,808/- is being withheld by the 1st respondent without any rhyme or reasons. It is the further case of the petitioner that the petitioner has submitted a representation dated 21.01.2016 to the 1st respondent, which in turn was forwarded to the 2nd respondent for necessary approval. Since thereafter there was no progress in the matter, the petitioner is before this Court with the above prayer. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 21.01.2016 and pass appropriate orders thereon with regard to release of the withheld amount, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1.

The Executive Engineer, Water Resource Organization (WRO, PWD), Thamarabarani Basin Division, Tirunelveli.

2.

The Accountant General of Tamil Nadu, 361, Anna Salai, Chennai-64.

+1cc to M/S.K.P.NARAYANA KUMAR, Advocate SR.No.83467 +1cc to Special Government Pleader, SR.No. 83415 ar MAS/MR-KKR/SAR4:03.11.2017:2P-5C W.P.(MD) No.3498 of 2017 23.10.2017 https://hcservices.ecourts.gov.in/hcservices/