M/S. P And C Projects (P) Ltd v. The Commissioner/Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.4404 of 2022 & WMP.No.4537 of 2022 M/s. P and C Projects (P) Ltd, P and C Towers, II Floor, 140, Perundurai Road, Erode-638 011 Rep. by its Project Director Mr. B.D. Yesaian
...Petitioner
Vs
1. The Commissioner/Managing Director, Coimbatore City Municipal Corporation, Big Bazzar Street,Town Hall, Coimbatore-641 001.
2. The Director of Municipal Administration, Commissionerate of Municipal Administration, Urban Administrative Building, No.78, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
3. The Additional Chief Secretary to Government, Municipal Administration and Water Supply, Tamil Nadu Secretariat, Chepauk, Chennai-600 005.
4. The Mission Director, Smart Cities, Ministry of Housing and Urban Affairs, Niman Bhawan, Maulana Azad Road, New Delhi-110 011.
...Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to disburse the total pending bill amount of Rs.26 53 00 000/- (Rupees Twenty Six Crore Fifty Three Lakhs Only) to the petitioner towards the value of the work done (Construction of Integrated Bus Stand and Providing model road Development within the Coimbatore corporation limits) by the petitioner in Coimbatore Corporation by considering petitioners various representations dated 12.10.2021, 09.11.2021, 15.11.2021 and 31.01.2022.
For Petitioner : Mr.S.Doraiswamy For Respondents: Mrs.Geetha Thamaraiselvan, Special Government Pleader
O R D E R
Mrs.Geetha Thamaraiselvan,learned Special Government Pleader accepts notice for the respondents and in view of the limited relief sought for by the petitioner i.e., for disposal of various representations filed by it seeking settlement of outstandings, allegedly due and payable by the respondents to it, would consent to a disposal of the Writ Petition finally, even at the stage of admission.
2.The petitioner claims to have rendered services to the respondent under various tenders in respect of which he was the successful bidder. The tenders relate to the construction of Integrated Bus Stand at Vellalore in Coimbatore City Municipal Corporation and the provision of Model Road Development at Race Course Road for Coimbatore Corporation.
3. Learned counsel for the petitioner would submit that the petitioner has been rendering works diligently under the work orders issued on 20.01.2020 and 27.03.2020 and quantifies the outstanding as on date at an amount of Rs.26,53,00,000/-. He would further submit that since the aforesaid amounts remain due and payable, the petitioner is unable to proceed with the works. In this regard, representations that have been filed by the petitioner on 12.10.2021, 09.11.2021, 15.11.2021 and 31.01.2022 remain unaddressed.
4.Mrs.Geetha Thamaraiselvan would assure the Court that the aforesaid representations, admittedly, received by the respondents would be considered by R2 after hearing the petitioner and disposed within a period of four (4) weeks from today.
5.Recording the above, this Writ Petition is disposed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar sl/kbs
To
1. The Commissioner/Managing Director, Coimbatore City Municipal Corporation, Big Bazzar Street, Town Hall,Coimbatore-641 001.
2. The Director of Municipal Administration, Commissionerate of Municipal Administration, Urban Administrative Building, No.78, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
3. The Additional Chief Secretary to Government, Municipal Administration and Water Supply, Tamil Nadu Secretariat, Chepauk, Chennai-600 005.
4. The Mission Director, Smart Cities, Ministry of Housing and Urban Affairs, Niman Bhawan, Maulana Azad Road, New Delhi-110 011.
+1cc to M/s.S.Doraisamy, Advocate, S.R.No.13468 W.P.No.4404 of 2022 & WMP.No.4537 of 2022 NK(CO) RGA(07/04/2022)