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2026 Supreme(Online)(Mad) 20433

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
J.Justin Pratheep – Appellant
Versus
The Executive Officer, Special Grade Town Panchayat, Kalakkadi, Tirunelveli District – Respondent
Writ Petition



Advocates:
For the Petitioner: Mr.G.Anto Prince
For R1 to R3: Mr.P.Subbaraj Special Government Pleader
For R4: Mr.M.Rajarajan

A Writ of Mandamus can enforce payment for works completed under public contracts, ensuring due process in administrative decisions.

Headnote:The judgment analyses the petitioner’s claim for payment for 80% of completed work under a work order, referencing Article 226 of the Constitution of India. The court finds the petition justified and directs the municipality to consider the representation within three months. The court determines that the respondent must afford a hearing to the petitioner as part of this process. Overall, the court effectively facilitates the petitioner’s right to due payment and resolution of the claim.

Table of Content
1. petition for payment due to completed work (Para 1 , 2 , 3 , 4)
2. direction for timely resolution of claim (Para 5)

O R D E R

1. The petitioner is before this Court seeking issuance of a Writ of Mandamus directing the respondents to release the payment for the work executed by the petitioner, as recorded in the Measurement Book, in respect of the work undertaken by him.

2. The Town Panchayat, Kalakkad, had entrusted the petitioner with the work of construction of a retaining wall. According to the petitioner, he has completed about 80% of the work as per the work order. However, the remaining work could not be completed due to agitations by the local residents, and the Tahsildar concerned restrained the petitioner from proceeding further with the work. In these circumstances, the petitioner submitted a representation to respondents 1 to 3 seeking release of payment for the portion of work already completed.

3. It is brought to the notice of this Court that the Kalakkad Town Panchayat has subsequently been upgraded as Kalakkad Municipality, and therefore the said Municipality has been arrayed as the fourth respondent in this writ petition.

4. In order to substantiate the claim that 80% of the work has been completed and that payment is due, the petitioner has produced the Measurement Book before this Court.

5. In view of the above, this Writ Petition is disposed of directing the fourth respondent to consider the petitioner’s representation dated 06.01.2022 on its own merits and pass appropriate orders in accordance with law, after affording an opportunity of hearing to the petitioner. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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