Durgai Pandian vs. The Additional Collector (Development) /

Held

The Court held that a direction could be issued to the respondents to disburse the petitioner's amount as per the proposal sent to the Government. The reasoning was based on the respondents' submission that the proposal was pending with the Government and their request for a reasonable time to disburse the balance amount. The Court acknowledged the petitioner's completed work and the partial sanction received. The ratio decidendi is that when a government proposal for payment of a contractor's legitimate dues is pending with the government, and the contractor has fulfilled their contractual obligations, the High Court can direct the concerned authorities to expedite the disbursement within a stipulated period. The operative direction was to disburse the petitioner's amount within 8 weeks from the date of receipt of a copy of the order. No issue was expressly left undecided.

Facts

The petitioner, Durgai Pandian, filed a writ petition seeking a mandamus to direct the respondents to disburse the pending work bill amount for the completed construction of an Over Head Water Tank under the Jal Jeevan Mission Scheme (JJM) 2021-2022. The petitioner completed the work as per contract and submitted a report. The third respondent sanctioned Rs. 5,07,855/- on 12.08.2024. However, the balance amount of Rs. 9,59,603/-, after deduction of GST, remained undisbursed. The petitioner had previously submitted a representation on 28.10.2024. The respondents, through the Government Advocate, stated that the proposal for disbursement was sent to the Government and was pending, requesting a reasonable time for disbursement.

Key Issues

1. Whether the Court can issue a writ of mandamus directing the respondents to disburse the pending work bill amount for the completed construction of an Over Head Water Tank under the Jal Jeevan Mission Scheme, considering the petitioner's representation dated 28.10.2024? (Question of law). Petitioner's contention: The petitioner argued that they have completed the work as per the contract and have received partial sanction, but the balance amount, after GST deduction, has not been disbursed. They sought a direction for disbursement based on their representation. Respondents' contention: The respondents, through the Government Advocate, submitted that the proposal for disbursement has been sent to the Government and is pending. They requested a reasonable time for the disbursement of the balance amount.