Ramachandran.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18133 2021 G.Ramachandran ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Assistant Director (Village Panchayat), Dindigul.

3. The Block Development Officer (Village Panchayat), Panchayat Union, Dindigul.

4. The Assistant Engineer (RD), Panchayat Union, Dindigul Block,

5. The Union Overseer, Panchayat Union, Dindigul Block,

6. The President, Balakrishnapuram Panchayat, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the sixth respondent herein to disburse the amount of Rs.80,45,300/- (Eighty Lakhs Forty Five Thousand and Three Hundred only) payable to the petitioner for the contract work carried out in the sixth respondent Panchayat for the period of 2018-2019 to 2019-2020 with 18% interest based on petitioner's representation dated 09.03.2021.

For Petitioner :

Mr.S.Sarvagan Prabhu for Mr.Srinivasaragavan For Respondents :

Mr.K.Balasubramani Spl. Govt. Pleader for R1 & R2 Mr.P.Thilakumar Government Pleader for R3 Mr.Shanmugavel for R4 & R5 No appearance for R6

O R D E R

Heard the learned counsel on either side.

2. The petitioner is a Contractor. He is said to have been carried out the petition mentioned work for the sixth respondent Panchayat. During the relevant time, the Panchayat was under the control of the Special Officer / Block Development Officer. The third respondent has filed an affidavit stating that the claim of the writ petitioner is well founded and sustainable. However, the sixth respondent is not taking a definite stand.

3. The learned counsel for the petitioner points out that after the sixth respondent assumed the charge, a sum of Rs.5,72,800/- was paid to the writ petitioner. In the said circumstances, I deem it fit to issue direction to the first respondent to take a call. The first respondent will hold an enquiry on 12.09.2022 at 3.00 p.m. The petitioner shall be present before the first respondent with all the relevant particulars. The counter affidavit filed by the third respondent before this Court can also be placed before the first respondent. If the first respondent comes to the conclusion that the petitioner had actually carried out civil works, his entitlement will be quantified appropriately and the sixth respondent will be directed to settle

the said claim. The first respondent shall pass appropriate orders in this regard on merits and in accordance with law by the end of September 2022. The respondents 3 and 5 will also be present before the first respondent on the said date and time and produce all the relevant records.

4. Accordingly, this Writ Petition is disposed of. No costs. 29.08.2022 Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Dindigul District, Dindigul.

2. The Assistant Director (Village Panchayat), Dindigul.

3. The Block Development Officer (Village Panchayat), Panchayat Union, Dindigul.

4. The Assistant Engineer (RD), Panchayat Union, Dindigul Block,

5. The Union Overseer, Panchayat Union, Dindigul Block,

6. The President, Balakrishnapuram Panchayat,

G.R.SWAMINATHAN, J.

vji W.P.(MD)No.18133 2021 29.08.2022