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S.Kuppusamy v. the Assistant Director of Panchayat

Madras HC23 Jan 2026WP/1561/2026

Case brief

AI extract

What is this about?

Madras High Court; WP No. 1561 of 2026; Justice P.T. Asha; Article 226 mandamus; refund of EMD, additional EMD and additional deposit; 4 ½ % of tender cost; Karathozhuvu Village Panchayat; Madathukulam Panchayat Union; Assistant Director of Panchayat Collectorate Tiruppur; Integrated Help Centre; Women Health Centre; overhead tanks; water pipe line connections to 105 houses; successful bidder; satisfactory completion 2022; final representation 01.11.2025; disbursement within four weeks; disposed of; no costs.

What did the court decide?

Petitioner to submit all relevant documents/details to the third respondent substantiating satisfactory completion of the work; on receipt, the third respondent to disburse the amount deposited towards EMD, additional EMD and additional deposit etc., along with interest if any, within four weeks; no costs.

S.Kuppusamy Vs the Assistant Director of Panchayat — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the third respondent can be directed by way of mandamus to return to the petitioner the sum deposited towards EMD, additional EMD and additional deposit, together with interest, for the Karathozhuvu Panchayat construction work.

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Court's answer

Considering the facts and circumstances and without going into the merits, the Court directs the petitioner to submit all relevant documents/details before the third respondent to substantiate that he completed the entrusted work satisfactorily.

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Ratio / Principle

On receipt of such documents, the third respondent shall disburse the amount deposited by the petitioner towards EMD, additional EMD and additional deposit etc., along with interest if any, within a period of four weeks from the date of receipt of such documents.

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Key takeaways

With the above directions, the writ petition is disposed of and no costs are imposed.ratio¶32

Detailed headnote1 paragraphs

Writ petition (Art. 226, Constitution of India) by S. Kuppusamy, contractor for construction of an Integrated Help Centre, Women Health Centre, overhead tanks and water pipe line connections to 105 houses in Karathozhuvu Village Panchayat (Madathukulam, Tiruppur), seeking a mandamus to the Special Officer to refund his deposit of 4 ½ % of the tender cost (EMD, additional EMD and additional deposit) with interest. The petitioner claims to have completed the work without adverse remarks in 2022; repeated representations (final on 01.11.2025) and instructions from Respondents 1 and 2 to Respondent 3 to disburse produced no action. Without going into merits, the High Court (P.T. Asha J.) directs the petitioner to submit documents substantiating satisfactory completion to the third respondent, which shall disburse the deposit with interest, if any, within four weeks of receipt; petition disposed of, no costs.

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WP No. 1561 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-01-2026

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CORAM

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THE HON'BLE MS. JUSTICE P.T. ASHA

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WP No. 1561 of 2026

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S.Kuppusamy S/o. Subramanian No.150, Poolavadi Main Road, Madathupalayam, Thoppampatti Post, Dharapuram Taluk, Tiruppur District.

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..Petitioner(s)

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The Assistant Director of Panchayat Collectorate, Tiruppur, Tiruppur District.

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The Block Development Officer Madathukulam Panchayat Union, Madathukulam, Tiruppur District.

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The Special Officer Karathozhuvu Village Panchayat Karathozhuvu, Madathukulam Taluk Tiruppur District.

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..Respondent(s)

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd Respondent to return back the 4 ½% of total cost of the tender for which tender the petitioner deposited EMD, additional EMD and additional deposit together with interest to the petitioner and pass orders.

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

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WP No. 1561 of 2026

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For Petitioner(s): Mr.C.Prakasam

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For Respondent(s): Mr.Yogesh Kannadasan Special Government Pleader for R1 Mr.V.Jeevagiridharan Additional Government Pleader for R2 & R3

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ORDER

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The writ petition has been filed seeking a mandamus to the third respondent to return the sum deposited by the petitioner towards EMD, additional EMD and additional deposit along with interest.

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The petitioner had participated in the tender floated by the third respondent with regard to construction of Integrated Help Centre, Women Health Centre, Construction of over head tanks and providing water pipe line connections to 105 houses in Karathozhuvu Panchayat. He was declared as successful bidder and was entrusted with the said construction work. As per the tender conditions, the bidder has to deposit 4 ½ % of the tender costs as EMD, additional EMD, and additional deposit, and the same would be refunded to the bidder after satisfactory completion of work. According to the petitioner, the said condition was complied by the petitioner and he had also completed the work without any adverse remarks as early as in the year 2022. But till date, the

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

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WP No. 1561 of 2026

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third respondent had not refunded the EMD deposit amount. In this regard, the petitioner had made representations to the respondents on several occasions and his final representation was on 01.11.2025. The respondents 1 and 2 had also instructed the 3^rd respondent to disburse the amounts due to the petitioner, but no action is forthcoming. Hence, the petitioner is before this Court seeking a mandamus.

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Heard Mr.C.Prakasam, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the first respondent and Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for respondents 2 and 3.

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Considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the petitioner to submit all relevant documents / details before the third respondent to substantiate his case that he had completed the work satisfactorily that was entrusted to him. On receipt of such documents, the third respondent shall disburse the amount deposited by the petitioner towards EMD, additional EMD and additional deposit x etc., along with interest if any, within a period of four weeks from the date of receipt of such documents.

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

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WP No. 1561 of 2026

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