M/S.P.S.T.Engineering Construction v. Kallakurichi District Makkal Nalasangam

WMP.No.584/2023 in W.P.No.9797/2021 and WMP.No.1101/2023 in W.P.No.18838/2020 THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(Order of the Court was made by Mr.T.Raja, The Hon'ble Acting Chief Justice) The WMP.Nos.584 and 1101/2023 have been filed seeking to implead the common petitioner, namely, M/s.P.S.T. Engineering Construction represented by its Managing Partner Dr.V.S.Thennarasu, Contractor, PWD, Kolaram Post, Paramathi Velur Taluk, Namakkal District as 7th and 12th respondent respectively in W.P.Nos.9797/2021 and 18838/2020.

2.

Mr.S.Senthil, learned Counsel appearing for the petitioner in both these petitions submitted that when there was a proposal made by the District Administration to construct a Collectorate Master Complex at Veeracholapuram to house eight storey building to have Government Offices therein, the Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai-5, had identified the land comprised in 1/4

Survey No.394 to an extent of 16.11.50 hectares situated in Village 15, Veeracholapuram (East) Village owned by Arulmigu Arthanareeswaran Temple which will be feasible for the general public utilization. The Secretary, Revenue & Disaster Management Department, Secretariat, Fort St. George, Chennai-600 009 has also issued a G.O.Ms.No.318 dated 27.06.2020 accepting the above proposal and accorded administrative and financial sanctions to construct the new Collectorate building and other offices. Thereafter, the Government called for tenders by letter dated 06.07.2020 for construction of new Collectorate and other office buildings at Veracholapuram in SF.No.394/15 in Kallakurichi District for an approximate value of Rs.8,361 Lakhs. The petitioner also took part in the tender and his bid was accepted. Thereafter, the agreement for the above work was executed by the Public Works Department in favour of the petitioner herein for a total value of Rs.83,39,51,438/-. Pursuant to the same, the site-in-question was also taken over by the petitioner on 22.04.2021.

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3.

Learned Counsel for the petitioner further submitted that in the meanwhile, the 1st respondent in both these petitions have filed Writ Petitions challenging the vires of G.O.Ms.No.156 dated 28.11.2020 by which the Government has decided to lease the land for a monthly rent of Rs.1,30,000/-. Therefore, unless the petitioner herein, being a registered official contractor is impleaded as a party in the above writ petitions, he would be definitely put to face great difficulty and irreparable loss. Therefore, learned Counsel prays to allow these impleading petitions. 4.

Mr.Rangarajan Narasimhan, the Writ Petitioner/Party-inPerson in W.P.No.18838/2020 and Mr.P.Tamillavel, learned Counsel for the writ petitioner in W.P.No.9797/2021 have no objection in allowing these impleading petitions. Likewise, there is no serious objection for allowing these impleading petitions by Mr.R.Shanmugasundaram, learned Advocate General assisted by Mr.N.R.R.Natarajan, learned Additional Government Pleader and Mr.P.Muthukumar, learned State Government Pleader appearing for the State and Hindu Religious & Charitable Endowments Department.

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THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

tsi 5.

In view of the above, taking note of the fact that there is no serious objection by any of the respondents and also the fact that the petitioner, being a registered official contractor, is entrusted with the work of constructing the new Collectorate Building and other offices in the sitein-question, in our considered opinion, he is one of the necessary parties to the above writ petitions. Therefore, both these impleading petitions are allowed.

(T.R.A.C.J.,) (D.B.C.J.,) 23.01.2023 Note:

Registry is directed to amend the cause title in both W.P.Nos.18838/2020 and 9797/2021.

tsi WMP.No.584/2023 in W.P.No.9797/2021 and WMP.No.1101/2023 in W.P.No.18838/2020 4/4