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Madras High CourtWP(MD)/21520/2021allowed

Kosalai v. The District Collector

2021-12-07Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Kosalai ... Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Assistant Director of Panchayat (Village Panchayat), Directorate of Rural Development Agency, Collectorate, Tuticorin, Tuticorin District.

3.The Block Development Officer (Village Panchayat), Aalwarthirunagari Panchayat Union Now situated at Thenthirupperai, Tuticorin District.

4.The Panchayat Union Engineer, Aalwarthirunagari Panchayat Union, Now situated at Thenthirupperai, Tuticorin District.

5.The Panchayat President, Karungadal Village Panchayat, Karungadal, Tuticorin District.

6.The Panchayat President, Kurippankulam Village Panchayat, Kurippankulam, Tuticorin District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 23.08.2021 and direct them to disburse the amount of Rs.5,30,000/- due to her for the completed works in the Aalwarthirunagari Panchayat Union, Karungadal Village and Kurippankulam Village in Tuticorin District which is pending for the past 3 years within the time stipulated by this Court.

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For Petitioner : Mr. J.David Ganesan For R1 and R2 : Mr.S.Kameswaran, Government Advocate For R3 to R6 : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

This petition has been filed in the nature of Writ of Mandamus, seeking to consider a representation dated 23.08.2021. 2.The petitioner had completed works for Aalwarthirunagari Panchayat Union, Karungadal Village and Kurippankulam Village in Tuticorin District. In this case, it is claimed that an amount of Rs.5,30,000/- are due and payable by the third respondent herein. In view of the fact that the amount has not yet been disbursed, the petitioner has given a representation dated 23.08.2021.

3. After hearing the learned counsel for the respondents also, a direction is given to the third respondent to examine the representation of the petitioner, invite the petitioner for enquiry, if required and thereafter if the petitioner is entitled, disburse of the amount within a period of 12 weeks from the date of receipt of a copy of this order.

4.With this observations, this Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Tuticorin District, Tuticorin. 2.The Assistant Director of Panchayat (Village Panchayat), Directorate of Rural Development Agency, 2/3

Collectorate, Tuticorin, Tuticorin District.

3.The Block Development Officer (Village Panchayat), Aalwarthirunagari Panchayat Union Now situated at Thenthirupperai,Tuticorin District. 4.The Panchayat Union Engineer, Aalwarthirunagari Panchayat Union, Now situated at Thenthirupperai, Tuticorin District. 5.The Panchayat President, Karungadal Village Panchayat, Karungadal, Tuticorin District. 6.The Panchayat President, Kurippankulam Village Panchayat, Kurippankulam, Tuticorin District.

+1 CC to M/s.SPL GP ( SR-37761[F],SR-37912[F] dated 08/12/2021 ) +1 CC to M/s.J.DAVID GANESAN, Advocate ( SR-38012[F] dated 09/12/2021 ) 07.12.2021 MJ(CO) KB(21.12.2021) 3P 9C 3/3