S.Senthilkumar Vs the Director

PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondents herein to disburse the amount of Rs.32.00Lakhs to the petitioner for the completed work under package No.IN-04-Tribal 04/2020-2021 (total amounting to Rs.64.50 Lakhs) in Nallampalli Block under Tribal Welfare Scheme 20202021 Grant during the year 2020-2021 namely, upgradation /strengthening of Road Works under Tribal Welfare Scheme by considering the petitioner's representation dated 22.07.2021, 15.10.2021, 05.02.2022 and last one dated 13.12.2024 within a time stipulated by this Court.

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For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.N.Naveen Kumar, GA for R1, R2 & R4. M/s.K.Ashwini Devi, AGP for R3.

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O R D E R

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The petitioner has filed this writ petition to direct the respondents herein to disburse the amount of Rs.32.00Lakhs to the petitioner for the completed work under package No.IN-04-Tribal 04/2020-2021 (total amounting to Rs.64.50 Lakhs) in Nallampalli Block under Tribal Welfare 2 / 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.9198 of 2025

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Scheme 2020-2021 Grant during the year 2020-2021 namely, upgradation /strengthening of Road Works under Tribal Welfare Scheme by considering the petitioner's representation dated 22.07.2021, 15.10.2021, 05.02.2022 and last one dated 13.12.2024 within a time stipulated by this Court.

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The petitioner is the Class-I registered contractor. Pursuant to the tender notification published on 05.20.2021 by the first respondent inviting tenders for execution of upgradation /strengthening of road work in Nallampallu Block under Tribal Welfare scheme Grant during the year 20202021. The petitioner is the successful bidder and 1^st respondent issued proceedings dated 19.02.2021. The petitioner spent a sum of Rs.64.50 lakhs for completing the works and the same has not been disbursed in spite of repeated representations dated 22.07.2021, 15.10.2021, 17.12.2021, 05.02.2022, 25.08.2022, 15.03.2023 and lastly dated 13.12.2024 etc which were given in person along with the similarly placed contractors before the respondents 1 and 2 and through RPAD. But till date no response on the side of the respondents. Hence, the present writ petition.

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W.P.No.9198 of 2025

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The learned Government Advocate appearing for the respondents would submit that there is no funds available with the first respondent. The proposal has been sent by the second respondent/Project Director, The District Rural Development Agency to the Director, Rural Development and Panchayat Raj Department, Chennai, the same is pending and no orders have been passed till date.

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It is further submitted that the Director, Rural Development and Panchayat Raj Department, Chennai has not been impleaded as party in this writ petition and he has to be impleaded as necessary party in this writ petition.

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Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1, 2 and 4 and the learned Additional Government Pleader for the 3^rd respondent and perused the materials available on record.

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W.P.No.9198 of 2025

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In view of the above submission made by the learned Government Advocate appearing for the respondents 1, 2 and 4, the Director, Rural Development and Panchayat Raj Department, Chennai is suo-moto impleaded as first respondent in this writ petition. Registry is directed to carryout the necessary amendment by incorporating the newly added respondent as first respondent and rearray the ranks of the other respondents as respondents 2 to 5 in the writ petition.

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This Court directs the first respondent/Director, Rural Development and Panchayat Raj Department, Chennai (newly impeladed respondent) to pass orders on merits and in accordance with law on the proposal requesting for additional funds within a period of six weeks from the date of receipt of a copy of this order.

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It is clear that the amount due to the petitioner payable by the respondents is Rs.42,67,000/-, which is due from the year 2021. It is also made clear that since the amount lying with the second respondent/ project

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W.P.No.9198 of 2025

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director for the past four years, the second respondent (rearryed as third respondent) is directed to refund the said amount of Rs.42,67,000/- along with interest at 7% p.a. from the date of submission of bill, till the date of payment, within a period of eight weeks from the date of receipt of a copy of this order.

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