1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.10109 of 2011 and M.P (MD) No.1 of 2011 M.Ramachandran ... Petitioner Versus 1. The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai – 5. 2. The Secretary to Government, Public Works Department, Secretariat, Chennai – 600 009. 3. The District Collector, Tirunelveli District, Tirunelveli. 4. The Engineer in Chief Water Resources Organization, Public Works Department, Chepauk, Chennai – 5. 5. The Chief Engineer, Water Resources Organization, Public Works Department Campus, Tallakulam, Madurai – 2. 6. The Superintending Engineer, Water Resources Organization, Tamiraparani Circle, Public Works Department, Palayamkottai, Tirunelveli District. 7. The Executive Engineer, Chittar Basin Division, Water Resources Organization, Public Works Department, Thenkasi @ Kudiyiruppu, Courtallam – 627 802. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to settle the amount due to the petitioner in full in respect of execution of 25 flood control works in Radhapuram Taluk, Tirunelveli District along with interest at the rate of 12% per annum from the date of completion of the works, to the date of payment of the entire amount. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.M.Alagathevan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has come up with the above Writ Petition, seeking a Mandamus, to direct the respondents to settle the amount due to him for the execution of the flood control works already done by him. 2. Heard Mr.A.Thirumurthy, learned Counsel for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader for the respondents. 3. The petitioner is admittedly a Class-I Contractor of the Public Works Department. During the North East Monsoon in the beginning of the year 2008, there was heavy rainfall in the water catchment areas of Western Ghat in Tirunelveli District. Consequently, there were breaches at many places in water tanks and water channels. In order to prevent damage to the flood, the Public Works Department engaged the services of the petitioner and the petitioner claims to have carried out several works. The grievance of the petitioner is that for the works carried out by him, a total amount of Rs.24,73,596/- became due. According to the petitioner, the works were certified on 28.12.2008. But for the past three years the funds were not released, forcing the petitioner to come up with the above Writ Petition. 4. The seventh respondent has filed a counter both on his behalf and on behalf of the other respondents. He has admitted in para 3 of the counter that the services of the petitioner were engaged for the works mentioned by him. In para 4 of the counter the seventh respondent has also confirmed that the petitioner carried out 25 works for a total value of Rs.24,73,596/-. The seventh respondent has agreed that necessary entries have been made in the Departmental Measurement Book. The Revenue Divisional Officer has already inspected the work on 28.12.2008. 5. But according to the seventh respondent, no funds were allotted for the past three years and that though he took speedy action, the amount could not be paid for want of sanction of Budget allotment proposal under the Natural Calamities Scheme. In para 9 of the counter the seventh respondent has stated that he has sent another proposal and that the same is pending with the Government. 6. In view of the above categorical statement, made by the seventh respondent, the Writ Petition is disposed of directing the respondents 1 & 2 and 4 & 5 to process the proposal sent by the seventh respondent within a period of 8 weeks and make payment due to the petitioner, as per law and and as per the Measurement Books and the certification of works. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai – 5. 2. The Secretary to Government, Public Works Department, Secretariat, Chennai – 600 009. 3. The District Collector, Tirunelveli District, Tirunelveli. 4. The Engineer in Chief Water Resources Organization, Public Works Department, Chepauk, Chennai – 5. 5. The Chief Engineer, Water Resources Organization, Public Works Department Campus, Tallakulam, Madurai – 2. 6. The Superintending Engineer, Water Resources Organization, Tamiraparani Circle, Public Works Department, Palayamkottai, Tirunelveli District. 7. The Executive Engineer, Chittar Basin Division, Water Resources Organization, Public Works Department, Thenkasi @ Kudiyiruppu, Courtallam – 627 802. +1cc to Mr.A.Thirumoorthy, Advocate, Sr.No.39453 GH : 29.11.2011 : 3p/9c W.P (MD)No.10109 of 2011 12.11.2011 https://hcservices.ecourts.gov.in/hcservices/