BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024 CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.21218 of 2018 D.Veerapandi ... Petitioner /vs./

1.The District Collector, Sivagangai District, Sivagangai.

2.The Project Director / Joint Director, District Rural Development and Panchayat Raj Agency, Sivagangai District, Sivagangai.

3.The Executive Engineer, District Rural Development and Panchayat Raj Agency, Sivagangai District, Sivagangai.

4.The Assistant Executive Engineer, Sub Division Ilayangudi, Panchayat Union Office, Ilayangudi, Sivagangai District

5.The Assistant Engineer, Sub Division Ilayangudi, Panchayat Union Office, Ilayangudi, Sivagangai District.

6.The Block Development Officer (Village Panchayat), Panchayat Union Office, Ilayangudi, Sivagangai. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 6^th respondent to release the amount for supply of material, supply of skill and unskilled labour for construction of the Village Panchayat Service Centre at Munaiventri Panchayat Board, Nagamugunthankudi Panchayat Board, S.Karaikudi Panchayat Board situated at Ilayankudi Panchayat Union by considering the petitioner's representation dated

21.08.2018.

For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.G.Suriyanath Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to Mandamus to direct the sixth respondent to release the amount for supply of material and supply of skill and unskilled labour for construction of the Village Panchayat Service Centre at Munaiventri Panchayat Board, Nagamugunthankudi Panchayat Board, S.Karaikudi Panchayat Board situated at Ilayankudi Panchayat Union by considering the petitioner's representation dated 21.08.2018.

2.It appears that the petitioner was engaged by the sixth respondent for certain construction activities to construct a Village Panchayat Service Centers at an estimated cost of 13.12 lakhs for Munaiventri and 17 lakhs for S.Karaikudi. It is the case of the petitioner that the petitioner was only a vendor to collect the materials as required for the construction work and the name would be enlisted as the list of vendors in Government online portals and a separate cheque would be issued to him.

3.It is the case of the petitioner that believing the words of the Assistant Engineer and the Block Development Officer, the petitioner collected materials and it was later informed that there was no one to built those kind of buildings and therefore compelled the petitioner to construct the whole building and assured to give payment for the supply and for the skilled labour wages. It is the case of the petitioner that the petitioner engaged his own labours and spent money to rise the buildings with the help of departmental supplies. Para 5 to 7 of the affidavit reads as under:-

“5. 1 submit that I believing the words of Assistant Engineer and the Block officer, 1 collected required materials, But they apprised me that there was no one to built those kind of buildings. So they compelled me to construct the whole building and assured to give all components of funds including skilled and unskilled labour wages. They added that materials like cement and steel from departmental supply will be given in account to construct the building. So I engaged my labourers and my money to rise the buildings with the help of departmental supplies. I was given some cement bags along with steel that recommended by Assistant Engineer and Assistant Executive Engineer. So I was given the receipt that allowed me to take such departmental supplies got from Assistant of MGNREGA. I signed in the office cement and steel issuing registers which was Maintained by night watchman of panchayat union office, Ilayangudi He loaded such kind of materials regularly from the office godown on my vehicles.

(6) I submit that after commencement of those works I was given an additional work f