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2025 DAILYLAW 161847 (MAD)

M/S.MSKSVM Traders and Agency v. The District Collector

WP(MD)/24208/2025 · 2025-09-11

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No.24208 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.24208 of 2025 M/s.MSKSVM Traders & Agency, Represented by its Proprietor D.Vasantha, D.No.3/28-C, main Road, Keppurenganpatti, Theni, Theni District. .. Petitioner Vs. 1.The District Collector, O/o. District Collector, Theni, Theni District. 2.The Assistant Director of Panchayat, District Rural Development Agency, Theni, Theni District. 3.The Block Development Officer (BP), Bodi Panchayath Union Office, Bodi, Theni District. 4.The Block Development Officer (VP), Bodi Panchayath Union Office, Bodi, Theni District. .. Respondents _________ p. 2 W.P.(MD) No.24208 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to dispose the petitioner's representation dated 20.01.2025 and to further direct the respondents 2 to 4 to release sum of Rs.6,98,185/- towards the sanitary materials supplied by the petitioner concern to the respective panchayats. For Petitioner : Mr.K.Vadivelu For R1 & R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 & R4 : Mr.P.T.Thiraviyam Government Advocate ORDER This writ petition is filed for the following relief : “to direct the 1st respondent to dispose the petitioner's representation dated 20.01.2025 and to further direct the respondents 2 to 4 to release sum of Rs.6,98,185/- towards the sanitary materials supplied by the petitioner concern to the respective panchayats.” 2. The petitioner was awarded the contract for the supply of bleaching powder, phenol, lime powder, hand gloves and bamboo _________ p. 3 W.P.(MD) No.24208 of 2025 broomstick during the Covid-19 period on the basis of his tender on 07.12.2023. The said supplies were to be effected in 13 Panchayats across Theni District. The petitioner would submit that the Presidents of the respective Panchayats had issued a quality certificate on 11.12.2023 and on the basis of the above, the petitioner had agreed to supply the materials. After the supplies, he had requested them to settle the bills. However, due to paucity of funds of the Village Panchayat, the respective Panchayat Presidents made request to the Union Chairman and 2nd and 4th respondents informing about the paucity of funds in the Village Panchayat and calling upon them to disburse a sum of Rs.6,98,185/- to the petitioner. However, the respondents have not come forward to disburse the said amount. The Union Chairman had made representation to the 2nd and 3rd respondents on 20.12.2024 and the petitioner had made a representation to the 1st respondent on 20.01.2025. However, no steps were taken to disburse the amount. The 3rd respondent had sent a reply dated 14.05.2024 stating that since the Panchayats had requested for the supply, the amounts have to be claimed from them. Since the amounts are still due to the petitioner, he is before this Court. _________ p. 4 W.P.(MD) No.24208 of 2025 3. The communication that has been received by the Government Advocate from the 3rd respondent states as follows: Nkw;fz;l tof;F njhlu;ghf rk;ke;jg;gl;l epWtdj;jplkpUe;J nghUl;fs; ngwg;gl;L ,Ug;gpd;> Rfhjhug; nghUl;fs; Cuhl;rpapy; gad;gLj;jpaikf;fhd Mtzq;fs; rupghu;j;J Mtzq;fspd; mbg;gilapy; njhif toq;fg;gl Ntz;bapUg;gpd;> Xuhz;Lf;F Nky; Mfp tpl;ljhy; Cuhl;rp thupahf Rfhjhu nghUl;fs; thq;fg;gl;likf;F tpiyg;Gs;sp (quatation) gl;bay;fs; (Bills) toq;fg;gl;lTld; khtl;l Ml;rpj;jiytu; mtu;fspd; mDkjp ngw;W> Cuhl;rpfspd; epjpepiyf;Nfw;g toq;fg;glNtz;ba njhifapid 5 jtizfshf toq;f eltbf;if Nkw;nfhs;sg;gLk; vd;w tptuj;jpid md;Gld; njuptpj;Jf;nfhs;fpNwd;. 4. This response from the 3rd respondent is rather shocking in as much as the 3rd respondent had already been addressed by the Panchayat Presidents that the petitioner had supplied the materials and that payments were still due. The petitioner has also enclosed all the documents concerned to establish the same. The delay is only on the part of the respondents and not on the part of the petitioner. Further, the petitioner is a small time supplier and the amount has been kept pending _________ p. 5 W.P.(MD) No.24208 of 2025 since December 2023. 5. It is informed by the learned Special Government Pleader that it is the 4th respondent who has to disburse the amount and it is an admitted fact that the materials have been supplied by the petitioner and utilized by the 4th respondent. However, when it comes to making payments, the respondents have been dragging their feet. Therefore, direction is issued to the respondents 2 to 4 to disburse the amount on or before 08.10.2025. Since the materials are already utilized, there is no necessity for the 1st respondent to give his consent for payment. 6. With the above direction, this Writ Petition stands allowed.. No costs. 7. Post on 09.10.2025 for reporting compliance. 11.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg _________ p. 6 W.P.(MD) No.24208 of 2025 To 1.The District Collector, O/o. District Collector, Theni, Theni District. 2.The Assistant Director of Panchayat, District Rural Development Agency, Theni, Theni District. 3.The Block Development Officer (BP), Bodi Panchayath Union Office, Bodi, Theni District. 4.The Block Development Officer (VP), Bodi Panchayath Union Office, Bodi, Theni District. _________ p. 7 W.P.(MD) No.24208 of 2025 P.T.ASHA, J. gbg W.P.(MD) No.24208 of 2025 11.09.2025 _________