Kcp Infra Limited, v. The Additional Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU KCP Infra Limited, Represented by its Director, K.Muthukumarasamy, No. 4, Ground Floor, Alayam Space, Anandha Road, Alwarpet, Chennai - 600 018.
... Petitioner -vs1. The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The Managing Director, Coimbatore Smart City Limited, Coimbatore Corporation, Town Hall, Coimbatore - 641 001.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to 1/6
consider and pass appropriate orders on the representations of the Petitioner Company dated 02.01.2023, 08.02.2023 and 04.04.2023 received by the Respondents on 06.01.2023, 11.02.2023 and 06.04.2023 respectively wherein a request has been made for payment of price escalation of Rs. 3,68,20,620/- (Rupees Three Crore Sixty Eight Lakh Twenty Thousand Six Hundrend and Twenty only) for the work order bearing agreement Ref. No. 26/2018/JN5/SCM dated 11.07.2018 within a reasonable time frame as fixed by this Court. For Petitioner :
Mr. C.P.Hem Kumar for M/s. Ganesh and Ganesh For Respondents :
Mr. V.Ravi, Special Government Pleader
O R D E R
Heard Mr. C.P.Hem Kumar, Learned Counsel appearing for the Petitioner and Mr. V.Ravi, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner is that it had made representations dated 02.01.2023, 08.02.2023 and 04.04.2023 to the Respondents to make payment of price escalation of Rs. 3,68,20,620/- for the work order in Ref. No. 26/2018/JN5/SCM dated 11.07.2018, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 2/6
3.
Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representations dated 02.01.2023, 08.02.2023 and 04.04.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;
(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;
3/6
(v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed by 31.05.2024 before the Registrar (Judicial) of the Court.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
19.02.2024 1/4 Index: Yes/No NCC: Yes/No Note: Issue order copy by 28.02.2024.
vjt To
1. The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
4/6
3. The Managing Director, Coimbatore Smart City Limited, Coimbatore Corporation, Town Hall, Coimbatore - 641 001.
Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.
5/6
P.D. AUDIKESAVALU, J.
vjt 19.02.2024 1/4 6/6