Madras High CourtWP(MD)/31504/2024disposed of

H.Sri Hari v. The Executive Officer

2025-01-09Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI H.Sri Hari ... Petitioner Vs.

The Executive Officer, Paravai Town Panchayat, Paravai, Madurai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to disburse the amount of Rs.30,00,000/- (Thirty Lakhs) to the petitioner as claimed by him through the representation dated 04.11.2024. For Petitioner : Mr.Natesh Raaja For Respondent : Mr.G.Suryananth Government Advocate 1/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and carefully perused the entire materials available on record.

2. This Writ Petition has been filed seeking to consider the petitioner's representation dated 04.11.2024 to disburse the amount of Rs.30,00,000/- (Thirty Lakhs) to the petitioner as claimed by him for the completed works of the respondent Panchayat.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

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4. The learned Government Advocate appearing for the respondent insisted for 12 weeks but this Court is of the considered view that such prolonged period of time cannot be granted. Without going into the merits of this case, this Court hereby direct the respondent to consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition stands disposed of. There shall be no order as to costs.

09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Executive Officer, Paravai Town Panchayat, Paravai, Madurai District.

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L.VICTORIA GOWRI , J.

MGA 09.01.2025 4/4