High Court · 2025

W.P.(MD).No.28438 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 11.07.2025CORAM THE HONOURABLE MR.JUSTICE C.SARAVANANW.P(MD) No.28438 of 2024 andW.M.P(MD) No.24142 of 2024M.Rajamanickam ... PetitionerVs.1.The District Collector, Virudhunagar District, Virudhunagar.2.The Block Development Officer (Village Panchayats), Kariyapatti Panchayat Union, Kariyapatti Post, Virudhunagar District.3.The Special Officer / Block Development Officer (Village Panchayats), Office of the V.Nangoor Village Panchayat, V.Nangoor Post, Kariyapatti Panchayat Union, Virudhunagar District.4.The Executive Officer Cum President, Office of the V.Nangoor Village Panchyat, V.Nangoor Post, Kariyapatti Panchayat Union, Virudhunagar District. 5.Malaiyadiyan ...Respondents1/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 2024Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the 4th respondent in his proceedings dated 11.11.2024 and quash the same and consequently direct the Respondents to permit the petitioner to complete the remaining works as per the work order issued by the 3rd respondent in his proceedings dated 30.08.2024 and to sanction the bill amount as claimed by the petitioner within stipulated time that may be fixed by this Court. For Petitioner : Mr.M.SaravanakumarFor R1, R3 and R4: Mr.K.R.Badurus Zaman Government AdvocateFor R2: Mr.J.K.Jayaselan Government AdvocateFor R5: Mr.M.RajendranORDER This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent Nos.1, 3 and 4 and the learned Government Advocate appearing for the respondent No.2 and the learned counsel for the respondent No.5.2/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 20242. The petitioner is before this Court against the impugned order of the fourth respondent, whereby the contract awarded to the petitioner pursuant to the tender floated by the third respondent as a Special Officer of the V.Nangoor Village Panchayat, has been cancelled.3. It appears that a First Information Report has been registered against the fifth respondent, who was the President of the fourth respondent Panchayat in Crime No.20/2024 on 13.05.2024 for involvment in cheating by creating forged documents. It appears that the fifth respondent thereafter went missing and was absconding. 4. In this background, the fourth respondent / the Executive Officer of said Panchayat had addressed a letter to the District Collector on 03.06.2024. Meanwhile, the fifth respondent was arrested on 11.07.2024. Based on the representation of the Executive Officer of the said Panchayat, dated 03.06.2024, the District Collector has appointed the second respondent as a Special Officer. Accordingly, the second respondent acted as the Special Officer and has been arrayed as 3rd respondent herein. 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 20245. A month later, on 16.08.2024, the third respondent has floated a tender for various works, in which, the petitioner participated and he was declared as a successful bidder, pursuant to which, the work order was issued on 30.08.2024 to the petitioner. Meanwhile, the fifth respondent was granted bail by this Court in Crl.O.P(MD) No.14807 of 2024 on 11.09.2024. 6. The fifth respondent has also requested the District Collector to permit him to discharge the function as the President of the aforesaid village Panchayat. The District Collector have also passed an order and permitted the fifth respondent to discharge the function as the President of aforesaid Panchayat. Soon after, the third respondent also handed over the charges with the fifth respondent on 30.10.2024. After assuming the charge, the fifth respondent as the President/Executive Officer of the fourth respondent V.Nangoor Village panchayat has issued the impugned order terminating the contract/work order that was issued to the petitioner.7. The specific case of the petitioner that more than 50% of the work has been completed in respect of five works for a total value of 12,76,764/- as detailed below:4/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 20248. The reasons stated in the impugned order are that the petitioner was not a registered contractor and that the work contract was awarded to the petitioner without the approval of the aforesaid Panchayat. Hence, the contract awarded to the petitioner on 30.08.2024, was terminated. 9.In support of the petitioner’s case, the second respondent / Block Development Officer has set out the reasons in paragraphs 6 and 7 of his counter affidavit, which read as under:5/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 202410. That apart it is submitted that the contract has been terminated without issuing notice to the petitioner. 11. On the other hand, the fifth respondent has filed a counter affidavit wherein it is stated that the third respondent issued the work order to the petitioner one day prior to his date of retirement. It is further stated that the petitioner was not an eligible contractor to whom the work ought to have been awarded. 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 202412. Having considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the official respondent Nos.1 to 4 and the learned counsel for the respondent No.5 and I am of the view that the cancellation of the work order issued to the petitioner was unfair and unjustifiable. 13. The decision was taken by the third respondent in his capacity as the Special Officer, appointed by the District Collector, as the fifth respondent had been arrested and was not available to discharge his functions. If there had been any irregularity in the awarding of the contract to the petitioner, it was for the fifth respondent to initiate appropriate proceedings by submitting a representation to the District Collector, seeking action against the third respondent. 14. Considering the fact that, out of the six works awarded to the petitioner, 50% of the work has been completed, there shall be a direction to the respondents to ensure that the petitioner is given adequate time to complete the works awarded on 30.08.2024. However, it is open to the fifth respondent to initiate appropriate proceedings, in the event of any shortcomings in the 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 2024awarding of the contract to the petitioner, for taking action under the provisions of the Tamil Nadu Government Servants Conduct Rules, 1973. 15. With the above liberty, this Writ Petition stands allowed. Consequently, connected Miscellaneous Petitions is closed. No costs. 11.07.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NoIndu8/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 2024To1.The District Collector, Virudhunagar District, Virudhunagar.2.The Block Development Officer (Village Panchayats), Kariyapatti Panchayat Union, Kariyapatti Post, Virudhunagar District.3.The Special Officer / Block Development Officer (Village Panchayats), Office of the V.Nangoor Village Panchayat, V.Nangoor Post, Kariyapatti Panchayat Union, Virudhunagar District.4.The Executive Officer Cum President, Office of the V.Nangoor Village Panchyat, V.Nangoor Post, Kariyapatti Panchayat Union, Virudhunagar District. 9/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.28438 of 2024C.SARAVANAN, J. InduW.P(MD) No.28438 of 2024 11.07.202510/10