Ganesaraj .S v. The District Collector
Case brief
What is this about?
Writ filed seeking mandamus against authorities to take action against a contractor for alleged poor execution of a water pipeline. Court held that the petitioner, acting as Panchayat President, must initiate action or report damages. Without evidence of actual damage by the contractor, Court could not direct action. Petition disposed.
What did the court decide?
Writ Petition disposed. No order as to costs.
What the court decided
W.P.(MD).No.5712 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
W.P.(MD).No.5712 of 2023
S.Ganesaraj
... Petitioner
Vs.
- 1.The District Collector, Thoothukudi District, Thoothukudi.
- 2.The Executive Engineer, District Rural Development, Thoothukudi District.
- 3.The Assistant Executive Engineer, Rural Development, Tiruchendur, Thoothukudi District.
- 4.The Block Development Officer, (Village Panchayat), Sathankulam, Thoothukudi District.
Issues for consideration
3 issues framed by the court
Whether the Court can issue a writ of mandamus directing respondents to initiate action against the contractor for alleged poor execution of water pipeline work.
Whether the Writ Petitioner as Panchayat President has the authority and obligation to initiate action or report damages instead of the Court issuing a direction.
Whether the petitioner has discharged the burden of proving actual damage caused by the contractor to justify a direction for action.
Parties & counsel
- petitioner
S. Ganesaraj
- respondent
The District Collector, Thoothukudi District
- respondent
The Executive Engineer, District Rural Development
- respondent
The Assistant Executive Engineer, Rural Development
- respondent
The Block Development Officer
- other
Case details
As recorded by the court registry
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