The Madurai Bench directed the Panchayat President to disburse Rs. 2,00,000/- to the petitioner for C.C. Pavement work by 31.01.2025, overriding the respondent's claim of insufficient funds, based on a ratified completion report.
Direction to disburse Rs. 2,00,000/- to the petitioner on or before 31.01.2025. Liberty to re-open if not disbursed.
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W.P.(MD)No.18700 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.18700 of 2022
R.Chellathurai
... Petitioner
Vs.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the fourth respondent to disburse the
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W.P.(MD)No.18700 of 2022
completion report value of Rs.2,00,000/- along with interest for the improvement and providing C.C.(Cement Concrete) Pavement at Cherucol Village Panchayat of Thiruvattar Panchayat Union, Kanniyakumai District within the time stipulated by this Court.
For Petitioner : Mr.M.R.Sreenivasan
For Respondents : Mr.S.Kameswaran Government Advocate
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the fourth respondent to disburse the completion report value of Rs. 2,00,000/- along with interest for the improvement and providing C.C.(Cement Concrete) Pavement at Cherucol Village Panchayat of Thiruvattar Panchayat Union, Kanniyakumai District.
2. When the matter came up for hearing, the learned Government Advocate appearing for the respondents No.1 to 4 on written instructions would submit that petitioner is entitled to an amount to the tune of Rs.1,85,000/-. Since there is no sufficient fund available in the Cherucol Panchayat, once sufficient fund is allotted to the Panchayat, the same would disbursed to the petitioner on or before 31.01.2025.
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W.P.(MD)No.18700 of 2022
3. However, in view of the Completion report/ Work Slip dated 07.09.2017 issued by the Assistant Engineer, Panchayat Union Thiruvattur, which ratified the amount as Rs.2,00,000/- as claimed by the petitioner, this Court hereby directs the fourth respondent to disburse the amount of Rs.2,00,000/- to the petitioner on or before 31.01.2025.
4. With the above said direction, this Writ Petition is disposed of, with
liberty to the petitioner to re-open the case, if the said amount of Rs.2,00,000/is not disbursed to the petitioner. No costs.
10.12.2024
NCC : Yes / No Index : Yes / No jbr
To
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W.P.(MD)No.18700 of 2022
L.VICTORIA GOWRI, J.
jbr
Order made in W.P.(MD)No.18700 of 2022
Dated 10.12.2024
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2 issues framed by the court
Whether the fourth respondent (Panchayat President) is directed to disburse the completion report value of Rs. 2,00,000/- plus interest for C.C. Pavement improvement work.
Whether the petitioner is entitled to the approved amount despite lack of sufficient funds in the Panchayat currently.
1 provisions across 1 enactments
R.Chellathurai
District Collector, Kanniyakumari District
Assistant Director of Panchayat
Block Development Officer
Panchayat President, Cherukol Village Panchayat
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
