Sri Sai And Co v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Sri Sai & Co., Rep. by its Managing Partner, Manoharan ... Petitioner in both W.Ps., Vs.
1.The District Collector, O/o. The District Collectorate Office, Ramanathapuram.
2.The Project Director DRDA, O/o. The District Collectorate Office, Ramanathapuram.
3.The District Secretary, Village Panchayat, Ramanathapuram District.
4.The Assistant Director, Village Panchayat, Office of the Collectorate, Ramanathapuram.
5.The Block Development Officer, Mandapam Union, Uchipuli, Ramanathapuram District.
... Respondents in both W.Ps., PRAYER in W.P.(MD)No.22373 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the pending amounts for the work done by 1/5
the petitioner for the laying roads as per the communication of the 5th respondent dated 09.08.2023 in Na.Ka.Thi.4/1144/2021, based upon the petitioner's representation dated 04.07.2024. PRAYER in W.P.(MD)No.22374 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the pending amounts for the works done by the petitioner in Na.Ka.Ma.O.2/130/2021, dated 27.01.2023 and Na.Ka.Ma.O.2/171/2022, dated 27.01.2023 based upon the petitioner's representation dated 02.11.2023.
For Petitioner : Mr.S.Ramsundarvijayaraj For R1 to R4 : Mr.D.Gandhiraj, Special Government Pleader For R5 : Mr.M.Sarangan, Additional Government Pleader (in both W.Ps.,) COMMON ORDER By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.
2.According to the petitioner, he has been working as a Contractor under the respondents and has done various contracts under them without any adverse remarks. He has completed four works of laying roads under the State 2/5
Finance Commission Scheme for the years 2021-2022 and 2022-2023. However, the respondents have not released any funds for the works done by the petitioner. Therefore, the petitioner made several representations to the respondents to disburse the pending amount to him. Since the same had not been considered so far by the respondents, the petitioner has filed these Writ Petitions with the aforesaid prayer.
3.Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that once the Government allots funds, immediately, the pending amounts will be paid to the petitioner on seniority basis.
4.The said statement is recorded.
5.It is to be noted that once the work has been completed and payment has not been disbursed, it is for the respondents to effect the payment immediately and they cannot make the petitioner wait endlessly for such a huge amount. Therefore, there shall be a direction to the officials concerned to take steps for effecting payment to the petitioner within a period of four months from the date of receipt of a copy of this order, failing which, the amount will 3/5
carry interest at the rate of 7.5% and the interest shall be recovered from the officials concerned.
6.With the above direction, these Writ Petitions are allowed. No costs.
20.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, O/o. The District Collectorate Office, Ramanathapuram.
2.The Project Director DRDA, O/o. The District Collectorate Office, Ramanathapuram.
3.The District Secretary, Village Panchayat, Ramanathapuram District.
4.The Assistant Director, Village Panchayat, Office of the Collectorate, Ramanathapuram.
5.The Block Development Officer, Mandapam Union, Uchipuli, Ramanathapuram District.
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N.SATHISH KUMAR, J Yuva 20.09.2024 5/5