Sakthivel A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN A.Sakthivel ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Regional Director of Municipal Administration, Municipal Administration, Tirunelveli.

3.The Commissioner, Kayalpattinam Municipality, Thoothukudi District.

4.The Engineer (Municipal), Kayalpattinam Municipality, Thoothukudi District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd and 4th respondents to release the balance work bill amount of Rs.28,00,000/- for the completed work of Dining

Hall and Toilet Building at Odakkarai Municipal Middle School, Kayalpattinam, Thoothukudi District by considering the petitioner's representation dated on 25.04.2025 within a stipulated time as may be fixed by this Court.

For Petitioner :

Mr.M.Jegadeesh Pandian For RR1 & 2 :

Mr.C.Satheesh Government Advocate For RR3 & 4 :

Mr.V.Nirmal Kumar

ORDER

The petitioner has filed this writ petition for a mandamus to direct the third and fourth respondents to release a sum of Rs.28,00,000/-. The petitioner was awarded a work for construction of a toilet and a dining hall for Odakkarai Municipal Middle School, Kayalpattinam, Thoothukudi issued on 18.01.2024 for a total sum of Rs.52,00,000/-. As per the mile stone stipulated in the work order, the work has to be completed within a period of twelve weeks.

2. Learned counsel for the petitioner submitted that the petitioner has completed substantial portion of the work. However, respondents 3 and 4 have paid only a sum of Rs.9,15,461/-. It is submitted that for the work completed, respondents 3 and 4 have to pay a sum of Rs.28,00,000/-.

3. On the other hand, the learned counsel for respondents 3 and 4 submitted that the petitioner has completed only part of the work and depending upon the work, amounts have been released stage wise. It is submitted that a sum of Rs.5,19,783/- is proposed to be released to the petitioner. He further submitted that if the petitioner completes the work, the balance amount will be settled. The statement made by the learned counsel for respondents 3 and 4 stands recorded.

4. Considering the fact that the petitioner has completed substantial part of the civil work, as evident from page No.15 of the typed set of papers, I direct the third respondent to consider the request of the petitioner for payment of the balance amount in proportion to the work that has been completed. In any event, the petitioner may give a fresh representation for

justifying the release of the balance amount. The amount of Rs.5,19,783/- (Five Lakhs Nineteen Thousand Seven Hundred and Eighty Three Rupees only) shall be paid to the petitioner within a period of thirty days from the date of receipt of a copy of this order. Within such time, the petitioner may also give a fresh representation regarding the work completion to the third respondent. If such representation is given by the petitioner, the third respondent shall assess the work completed by the petitioner and pay the balance amount.

5. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

30.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Regional Director of Municipal Administration, Municipal Administration, Tirunelveli.

C. SARAVANAN , J.

ABR 30.06.2025