S.Kuppusamy v. The Assistant Director of Panchayat

ORDER The writ petition has been filed seeking a mandamus to the third respondent to return the sum deposited by the petitioner towards EMD, additional EMD and additional deposit along with interest.

¶2The petitioner had participated in the tender floated by the third respondent with regard to construction of Integrated Help Centre, Women Health Centre, Construction of over head tanks and providing water pipe line connections to 105 houses in Karathozhuvu Panchayat. He was declared as successful bidder and was entrusted with the said construction work. As per the tender conditions, the bidder has to deposit 4 ½ % of the tender costs as EMD, additional EMD, and additional deposit, and the same would be refunded to the bidder after satisfactory completion of work. According to the petitioner, the said condition was complied by the petitioner and he had also completed the work without any adverse remarks as early as in the year 2022. But till date, the Page3 of 5 third respondent had not refunded the EMD deposit amount. In this regard, the petitioner had made representations to the respondents on several occasions and his final representation was on 01.11.2025. The respondents 1 and 2 had also instructed the 3rd respondent to disburse the amounts due to the petitioner, but no action is forthcoming. Hence, the petitioner is before this Court seeking a mandamus.

¶3Heard Mr.C.Prakasam, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the first respondent and Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for respondents 2 and 3.

¶4Considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the petitioner to submit all relevant documents / details before the third respondent to substantiate his case that he had completed the work satisfactorily that was entrusted to him. On receipt of such documents, the third respondent shall disburse the amount deposited by the petitioner towards EMD, additional EMD and additional deposit x etc., along with interest if any, within a period of four weeks from the date of receipt of such documents. Page4 of 5

¶5With the above directions, the writ petition is disposed of. No costs. 23-01-2026 Index: Yes/No Speaking/Non-speaking order DS To:

¶1The Assistant Director of Panchayat Collectorate, Tiruppur, Tiruppur District.

¶2The Block Development Officer Madathukulam Panchayat Union, Madathukulam, Tiruppur District.

¶3The Special Officer Karathozhuvu Village Panchayat Karathozhuvu, Madathukulam Taluk Tiruppur District. Page5 of 5 P.T.ASHA J. DS 23-01-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA S.Kuppusamy S/o. Subramanian No.150, Poolavadi Main Road, Madathupalayam, Thoppampatti Post, Dharapuram Taluk, Tiruppur District. ..Petitioner(s) Vs 1. The Assistant Director of Panchayat Collectorate, Tiruppur, Tiruppur District. 2. The Block Development Officer Madathukulam Panchayat Union, Madathukulam, Tiruppur District. 3. The Special Officer Karathozhuvu Village Panchayat Karathozhuvu, Madathukulam Taluk Tiruppur District. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd Respondent to return back the 4 ½% of total cost of the tender for which tender the petitioner deposited EMD, additional EMD and additional deposit together with interest to the petitioner and pass orders. Page2 of 5 For Petitioner(s): Mr.C.Prakasam For Respondent(s): Mr.Yogesh Kannadasan Special Government Pleader for R1 Mr.V.Jeevagiridharan Additional Government Pleader for R2 & R3