M/S. The Indian Hume Pipe v. The Governemnt Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.No.1188 of 2018 and C.M.P.No.9514 of 2018 M/s.The Indian Hume Pipe Co. Ltd., Rep. by its Deputy General Manager, S.Arunachalam, No.8, First Street, Gopalapuram, Chennai - 600 086.
.. Appellant Vs 1.The Government of Tamil Nadu Rep. by its Additional Chief Secretary, Finance (Salaries) Department, Fort St.George,Chennai.
2.The Managing Director, TWAD Board, Chennai - 600 005.
3.The Joint Managing Director, TWAD Board, Chennai - 600 005.
4.The Chief Engineer, TWAD Board,Western Region, Coimbatore.
5.The Executive Engineer, TWAD Board, RWS Division, Tiruppur.
.. Respondents Appeal filed under Clause 15 of the Letters Patent against the order dated 16.04.2018 made in W.M.P.No.2824 of 2018 in W.P.No.2307 of 2018.
W.M.P. 2824/2018:
Writ Miscellaneous Petition is filed to grant an order of interim stay of the operations and all further proceedings of the impugned Government order passed by the 1st respondent in
G.O.Ms.No.296 Finance (Salaries) Department dated 09.10.2017 and the consequential imugned order passed by the 2nd respondent in Letter No.F.Circular/ SDO IV /Com/2017 dated 13.11.2017 and the consequential impugned order passed by the 3rd respondent in Lr.No.F.81171/ Audit/ SDO I/COM/2017 dated 19.12.2017 pending W.P. No. 2307/2018.
Prayer in W.P. No. 2307/2018:
Writ Petition filed under Article 226 of the Constitution of India, to issue an order or orders or directions or Writs in the nature of Writ of Certiorarified Mandamus calling for the records relating to the impugned Government Order passed by the 1st respondent in G.O.Ms.No.296 Finance (Salaries) Department dated 09.10.2017 and the consequential impugned order passed by the 2nd respondent in Letter No.F.Circular/ SDO IV /Com/2017 dated 13.11.2017 and the consequential impugned order passed by the 3rd respondent in Lr.No.F.81171/Audit/SDO I/COM/2017 dated 19.12.2017 and quash the same as illegal arbitrary and without jurisdiction in so far as the work awarded to the petitioner namely providing improvements to water supply distribution in Tiruppur District by work order No.F.Tiruppur WSIS /SDO(T3)/CE/CBE/2017 dated 16.06.
2017 and for a consequently directing the respondents to make payment of the outstanding due payable to the petitioner as per the agreement/terms and conditions of bid document and in compliance of B.P.Ms.No.23 dated 31.03.2017 issued by the 2nd respondent within a time frame to be fixed by this Hon'ble court with interest at the rate of 12% p.a. and with costs.
Mr.P.V.Sudakar For Respondents :
Mr.R.Udhayakumar, Additional Government Pleader for R1 Mr.Arokiyaraj for R2 to R4
JUDGMENT
(Delivered by M.M.SUNDRESH, J.) This writ appeal is directed against the order dated 16.04.2018 passed in W.P.No.2307 of 2018.
2. When the matter is taken up for hearing, learned counsel appearing for the appellant submitted that the main writ petition itself has been disposed of and therefore, nothing survives for adjudication.
3. In view of the submission made by the learned counsel for the appellant, the writ appeal is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mmi To 1.The Additional Chief Secretary, Finance (Salaries) Department, Fort St.George,Chennai.
2.The Managing Director, TWAD Board, Chennai - 600 005.
3.The Joint Managing Director, TWAD Board,Chennai - 600 005.
4.The Chief Engineer, TWAD Board,Western Region, Coimbatore.
5.The Executive Engineer, TWAD Board,RWS Division,Tiruppur.
+1 CC to Mr.B. Raveendran, Advocate sr 26101. W.A.No.1188 of 2018 SMI(CO) SP(12/07/2021)