Kandasamy v. The Director Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD). No.20595 of 2023 Kandasamy ... Petitioner Vs.

1. The Director of Municipal Administration, Office of the Director of Municipal Administration, and Water Supply Department, Chennai.

2. The District Collector, Sivagangai District, Sivagangai.

3. The Commissioner, Sivagangai Municipality, Sivagangai Town and District.

4. A. Abdul Harish

5. S. Pandeeshwari

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 3rd respondent to disburse the balance amount due to the petitioner in respect of completion of the work of improvement and renovation of Kundoorani situated at Block No.16, S. No.13, Ward - C at Sivagangai under the 1/5

scheme of Kalaignar Nagar Pura Menpattu Thittam with interest at rate of 12 percent per annum within the stipulated time to be fixed by this Honble Court.

For Petitioner : Mr. M. Thirunavukkarasu For Respondents : Mr. G.V. Vairam Santhosh Additional Government Pleader for R1 & R2 Mr. A.Kathiravan Standing Counsel for R3 & R4 Mr. R. Shankar Ganesh for R5

O R D E R

The petitioner, with a grievance that the third respondent Municipality has not disbursed the amount which he has spent for executing a contract, has filed the present writ petition.

2. The learned counsel appearing for the third respondent submits that a part of the amount has been paid on 25.08.2023 and on completion of audit, the remaining amount would be paid within a reasonable time.

3. The learned counsel appearing for the petitioner submits that the third respondent Municipality, vide communication, dated 16.08.2023 2/5

has stated that the entire amount would be paid to the petitioner on or before 25.08.2023. However, a sum of Rs.6,19,512/- (Rupees Six Lakhs Nineteen Thousand Five Hundred and Twelve only) has only been paid to the petitioner and the remaining amount has to be paid by the third respondent. According to the learned counsel appearing for the petitioner, the petitioner has completed the work in the month of March 2023 itself.

4. Considering the submissions made by both sides, this Writ Petition is allowed with a direction to the third respondent to disburse the balance amount of Rs.3,44,739/- (Rupees Three Lakhs Forty Four Thousand Seven Hundred and Thirty Nine only) along with interest at the rate of 6% per annum to the petitioner within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

22.09.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To

1. The Director of Municipal Administration, Office of the Director of Municipal Administration, and Water Supply Department, Chennai.

2. The District Collector, Sivagangai District, Sivagangai.

3. The Commissioner, Sivagangai Municipality, Sivagangai Town and District.

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B.PUGALENDHI, J.

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