M/S. Sree Balaji Transport Unit I v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2023 CORAM :
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. Nos.3916, 3918 and 3925 of 2023 W.M.P. Nos.3978, 3983 and 3990 of 2023 M/s.Sree Balaji Transport, Unit I / Unit II Rep. by its Partner, B. Vijayanand .. Petitioner in W.P. Nos.3916 and M/s.Sree Gokul Transport, Rep. by its Proprietor, B. Muthulakshmi .. Petitioner in W.P. No.3925 of 2023 vs
1. The State of Tamil Nadu, Rep. by The Managing Director, CMDA Tower, 4th Floor, Egmore, Chennai.
2. The Senior Regional Manager, Chennai Region, No.735, Anna Salai, LLA Building 4th Floor, Chennai - 600 002.
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3. The District Manager, Unit - II, Bangalore High Road, Chembarambakkam Village, Tiruvallur District East - 600 0123.
... Respondents Prayer in W.P. No.3916 of 2023 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to pay the amount of Rs.75,88,165/- (Rupees Seventy Five lakhs and Eighty Eight Thousand and One Hundred and Sixty Five only) due to be paid as early as possible to the petitioner concern and renew the Transport Contract Agreement as mentioned in this representation dated 30.01.2023.
Prayer in W.P. No.3918 of 2023 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to pay the amount of Rs.68,48,198/- (Rupees Sixty Eight lakhs and Forty Eight Thousand One hundred and Ninety Eight only) due to be paid as early as possible to the petitioner concern and renew the Transport Contract Agreement as mentioned in this representation dated 30.01.2023.
Prayer in W.P. No.3925 of 2023 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to pay the amount of Rs.1,79,93,941.93/- (Rupees One Crore 2/6
Seventy Nine Lakhs Ninety Three Thousand Nine Hundred and Forty One only) due to be paid as early as possible to the petitioner concern as mentioned in this representation dated 30.01.2023. For Petitioner in all W.P.s :
Mr.Adarsh Subramanian For Respondents in all W.P.s :
Mr.K.Balakrishnan, TASMAC counsel COMMON ORDER By consent of both the parties, these writ petitions are taken up for final disposal in the admission stage itself.
2. Mr.K.Balakrishnan, learned counsel accepts notice for the respondents 1 to 3.
3. These writ petitions have been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representations, all dated 30.01.2023 seeking for payment of the alleged dues payable to them in respect of the following contracts :- Sl.
No.
W.P. No.
Contract Period Place of contract Contract Amount Rs.
1.
24.02.2021 to 23.02.2023 - Thirumazhisai - I Rs.75,88,165.00 2.
24.02.2021 to 68,48,198.00 3/6
Sl.
No.
W.P. No.
Contract Period Place of contract Contract Amount Rs.
23.02.2023 - Thirumazhisai - II 3.
25.02.2021 to 24.02.2023 - Kancheepuram North 1,79,93,941.93
4. The petitioners claim that the above outstanding amounts have not been paid to them despite repeated reminders and demands. The petitioners have filed documents along with these writ petitions including the contract entered into with the respondents. The separate representations given by the petitioners have also been filed as documents along with these writ petitions. The petitioners also claim that due to the non payment of their outstanding dues, they are facing severe hardship.
5. No prejudice would be caused to the respondents, if the petitioner's representations as referred to supra are considered on merits and in accordance with law, within a time frame to be fixed by this Court. This Court is not expressing any opinion on the merits of the petitioner's representations.
6. For the foregoing reasons, this Court directs the 3rd respondent 4/6
to pass final orders on the petitioner's last representation, dated 30.01.2023 requesting the respondents to pay the outstanding dues in respect of the contracts entered into with them by the petitioners, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.
7. With the aforesaid directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
10.02.2023 Issue order copy on 13.02.2023 Index:Yes/No vsi2 ABDUL QUDDHOSE, J.
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vsi2 To
1. The State of Tamil Nadu, Rep. by The Managing Director, CMDA Tower, 4th Floor, Egmore, Chennai.
2. The Senior Regional Manager, Chennai Region, No.735, Anna Salai, LLA Building 4th Floor, Chennai - 600 002.
3. The District Manager, Unit - II, Bangalore High Road, Chembarambakkam Village, Tiruvallur District East - 600 0123.
W.P. Nos.3916, 3918 and 10.02.2023 6/6