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Madras High CourtWP(MD)/26352/2024disposed of

P.Veeran v. The District Collector

2024-11-26Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.22333 of 2024 P.Veeran ... Petitioner Vs.

1.The District Collector, O/o. The District Collector, Tiruchirappalli, Tiruchirappalli District.

2.The Project Officer, O/o. The District Collector, Tiruchirappalli, Tiruchirappalli District.

3.The Block Development Officer (Rural Development)/ The Commissioner, Thuraiyur Panchayat Union, Thuraiyur, Tiruchirappalli District.

4.The Union Engineer, Thuraiyur Panchayat Union, Thuraiyur, Tiruchirappalli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from demolishing the shopping complex building without taking measurement and consequently directing the respondents to disburse a sum of Rs. 1/5

6,00,000/ towards the contract amount spent by the petitioner for constructing the shopping complex building at Thuraiyur in pursuance of the work order issued by the 3rd respondent vide e.f.m2/870/2012 ehs; : 29.08.2012 with interest at the rate of 12% per annum till the date of realization.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents 1 & 2 : Mr.D.S.Neduncheliyan Government Advocate For Respondents 3 & 4 : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Writ Petition is filed, requiring to forbearing the respondents from demolishing the shop complex without taking measurement and consequently, directing the respondents to disburse a sum of Rs. 6,00,000/- towards the contract amount spent by the petitioner for construction shopping complex, at Thuraiyur in pursuance of the work order issued by the 3rd respondent, dated 29.08.2012. 2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2, the learned Additional Government Pleader appearing for the respondents 3 and 4 and carefully perused the entire materials available on record. 3.When the matter was came up for hearing, the learned Government Advocate appearing for the respondents 1 and 2 on written instructions submitted that the work has not been completely executed 2/5

by the respondents despite passage of 12 years. As far as the completed work is concerned, appropriate orders would be obtained from the District Collector on the basis of which, eligible amount would be paid to the petitioner.

4.In view of the said submission, the first respondent is directed to pass appropriate orders in this regard within a period of six weeks from the date of receipt of copy of this order and while passing the appropriate order, the petitioner's representation dated 21.10.2024 and estimate prepared by the fourth respondent on 18.08.2018 regarding the improvements made by the petitioner may also be taken into consideration.

5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

26.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/5

To 1.The District Collector, O/o. The District Collector, Tiruchirappalli, Tiruchirappalli District.

2.The Project Officer, O/o. The District Collector, Tiruchirappalli, Tiruchirappalli District.

3.The Block Development Officer (Rural Development)/ The Commissioner, Thuraiyur Panchayat Union, Thuraiyur, Tiruchirappalli District.

4.The Union Engineer, Thuraiyur Panchayat Union, Thuraiyur, Tiruchirappalli District.

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L.VICTORIA GOWRI, J.

Mrn 26.11.2024 5/5