1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P.(MD)No.1005 of 2011 Kulanthaivel ...Petitioner Vs. 1.The District Collector, Dindigul District, Dindigul. 2.The Assistant Director of Panchayats, Dindigul District, Dindigul. 3.The Block Development Officer, Thoppampatti Panchayat Union, Dindigul District. 4.The President, Thalaiyuthu First Grade Panchayat, Thoppampatti Union, Dindigul District. ...Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 4th respondent to disburse Rs.17,980/- to the petitioner for his executed plumber contract work of the 4th respondent for the period of 2001-2002. For Petitioner : Mr.R.Murugappan For Respondents : Mr.T.S.Md.Mohideen, AGP for R1 to R3 Mr.K.Balasubramanian for R4 O R D E R The petitioner claiming to be a plumbing contractor with the 4th respondent Panchayat has filed the present Writ petition seeking for a direction to the 4th respondent to disburse a sum of Rs.17,980/- for the work done by him in terms of the plumbing contract for the period 2001- 2002. 2.When the matter came up on 28.01.2011, this Court ordered notice of motion and private notice was also permitted. On such notice, the 4th respondent has filed a counter affidavit dated 21.04.2011. 3.In the counter affidavit in paragraph 3 it was averred as follows: "3. ..... The claim of the petitioner is not bonafide one and no materials produced before this Honourable Court that a contract work was awarded to the petitioner and there will be a dues of Rs.17,950/-. It is pertinent of point out at this juncture, if any work has been awarded more than Rs.5,000/- by the panchayat, the same should be done only by the open tender. After compliance of tender process it should be approved by the https://hcservices.ecourts.gov.in/hcservices/ 2 panchayat council meeting. Before sanctioning any contract a resolution should be passed by the panchayat after obtaining technical sanction from the concerned authorities the contract will be awarded. ....." and in paragraph 4 it was further averred as follows: "4. ..... The 4th respondent then and there sent a reply stating that the petitioner was engaged for the plumbing work on a daily wage basis. The 4th never issued any work order or any cheque for completion of work to the petitioner. ...." 4.In the light of the petitioner’s entitlement is under serious dispute and in the light of the averments made in the counter affidavit, the present Writ petition is not maintainable. Hence, the Writ petition stands dismissed. However, this will not prevent the petitioner from instituting appropriate civil suit establishing his right to get the amount from the Panchayat. No costs. Sd/- Assistant Registrar(T & P) /True copy/ Sub Assistant Registrar(CS) To 1.The District Collector, Dindigul District, Dindigul. 2.The Assistant Director of Panchayats, Dindigul District, Dindigul. 3.The Block Development Officer, Thoppampatti Panchayat Union, Dindigul District. 4.The President, Thalaiyuthu First Grade Panchayat, Thoppampatti Union, Dindigul District. +1 CC to Mr.R.Murugappan, Advocate, SR.No.38127 +1 CC to Mr.K.Balasundaram, Advocate, SR.No.37835 nbj W.P.(MD)No.1005 of 2011 02.11.2011 TR : 15.11.2011 : 2p/7c https://hcservices.ecourts.gov.in/hcservices/