V.Baskar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.4593 & 4596 of 2025 V.BASKAR ... Petitioner Vs 1.
THE PRINCIPAL SECRETARY TAMILNADU ADHI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
2.
THE MANAGING DIRECTOR /CHIEF ENGINEER TAMILNADU ADHI DRAVIDAR HOUSING AND DEVELOPMENT CORPORATION LIMITED, (TAHDCO), NO.31, CENOTAPH ROAD, 2nd LAND, TEYNAMPET, CHENNAI-600 018.
3.
THE EXECUTIVE ENGINEER TAMILNADU ADHI DRAVIDAR HOUSING AND DEVELOPMENT CORPORATION LIMITED, (TAHDCO), COLLECTORATE, VILLUPURAM.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the second respondent dated 23.03.2023 in Ka.No.C/TN-0149/2021/U.Se.Po.1/23.03.2023 and to quash the same. 1/5
For Petitioner : Mr.C. Prabakaran For R1 to R3 : Mr.V.P.R.Elamparithi Additional Government Pleader
ORDER
This writ petition is filed challenging the impugned order made in Ka.No.C/TN-01-49/2021/U.Se.Po.1/23.03.2023, passed by the second respondent dated 23.03.2023.
2. By the said order, the contract awarded to the petitioner for constructing classrooms for the Adhi Dravidar Middle School was cancelled. The allegation is that the petitioner was supposed to complete the construction of eight classrooms within a period of 6 months. However, even after a lapse of another 19 months, the petitioner left the work at the concrete laying stage. Therefore, the impugned order was passed on 23.03.2023. Now, the petitioner is challenging the said order.
3. Firstly, on the grounds that, no proper enquiry was conducted and that he has been blacklisted. Further, even without any tender whatsoever, 2/5
the work is being conducted through a third party. Once the petitioner's work order was cancelled, he no longer has the locus standi to question in what manner the respondents are completing the work. It is with reference to the classroom and somehow the respondents have to complete the work and make the students sit in the classroom.
4. As far as the cancellation as well as the blacklisting are concerned, it can be seen that even the petitioner has not given any reason whatsoever in the affidavit for approaching this Court after a delay of almost two years. Be that as it may, when the contract contains an arbitration clause, it is for the petitioner to work out its remedies regarding the same.
5. With the above liberty reserved for the petitioner, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs.
10.02.2025 nsl 3/5
To 1.
THE PRINCIPAL SECRETARY TAMILNADU ADHI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
2.
THE MANAGING DIRECTOR /CHIEF ENGINEER TAMILNADU ADHI DRAVIDAR HOUSING AND DEVELOPMENT CORPORATION LIMITED, (TAHDCO), NO.31, CENOTAPH ROAD, 2nd LAND, TEYNAMPET, CHENNAI-600 018.
3.
THE EXECUTIVE ENGINEER TAMILNADU ADHI DRAVIDAR HOUSING AND DEVELOPMENT CORPORATION LIMITED, (TAHDCO), COLLECTORATE, VILLUPURAM.
4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl 10.02.2025 5/5