[Cites 1, Cited by 0]
Madras High Court
J.Justin Pratheep vs The Executive Officer on 11 March, 2026
W.P.(MD)No.1094 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.(MD)No.1094 of 2022
J.Justin Pratheep ... Petitioner
vs.
1.The Executive Officer,
Special Grade Town Panchayat,
Kalakkadi, Tirunelveli District -627 501.
2.The Assistant Executive Engineer,
Town Panchayat, Kalakkad,
Tirunelveli District -627 501.
3.The Assistant Engineer,
Town Panchayat, Kalakkad,
Tirunelveli District -627 501.
4.The Commissioner,
Kalakkad Municipality,
Tirunelveli District. ... Respondents
(The fourth respondent was impleaded vide order of this Court in W.M.P.
(MD)No.23355 of 2025, dated 19.11.2024)
1/5
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W.P.(MD)No.1094 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the Respondent No.1
and 2 to facilitate the due payment to the petitioner as per the M-Book
issued in respect of work done by the petitioner in pursuance of the Work
Order dated 07.03.2019 issued to the petitioner by the Respondent No.1
to construct the Retaining Wall at Adappu Street in Special Grade Town
Panchayat, Kalakkad, Tirunelveli, Tirunelveli District-627501.
For Petitioner :Mr.G.Anto Prince
For R1 to R3 :Mr.P.Subbaraj
Special Government Pleader
For R4 :Mr.M.Rajarajan
*****
ORDER
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
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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
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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.
Index :Yes / No 11.03.2026
NCC :Yes / No
cmr
To
1.The Executive Officer,
Special Grade Town Panchayat,
Kalakkadi, Tirunelveli District -627501.
2.The Assistant Executive Engineer,
Town Panchayat, Kalakkad,
Tirunelveli District -627501.
3.The Assistant Engineer,
Town Panchayat, Kalakkad,
Tirunelveli District -627501.
4.The Commissioner,
Kalakkad Municipality,
Tirunelveli District.
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HEMANT CHANDANGOUDAR, J.
cmr
11.03.2026
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