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Madras High CourtWP/5726/2024withdrawn dismissed

B.S.Engineers And Contractors v. The State Of Tamil Nadu

2025-03-26Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.6352 of 2024 B.S.Engineers and Contractors No.8-4-1-20/10 Nani Mohammed Apartment Samaskhan Pallivasal Street Tirupathur - 630211, Sivagangai District Rep.by its Partner V.Sevuga Raja ..

Petitioner Vs.

1.The State of Tamil Nadu Rep.by its Secretary to Govt.

Highways Department Fort St.George, Chennai - 600 009.

2.The Chief Engineer Highways Projects / Convener High Level Disputes Resolution Committee Highways Department Chennai - 600 025.

3.The Superintending Engineer (H) Project Circle, Chennai - 600 016.

.. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st and 2nd respondent to refer the dispute to Arbitration, as per G.O.Ms.17 Highways & Minor Ports (HN.2) Department dated 06.03.2023 within stipulated time fixed by this Court. For the Petitioner : Mr.Sriram for Mr.D.Balaraman For the Respondents : Mr.S.Senthil Murugan Special Government Pleader

ORDER

The Writ Petition is filed for a direction to the 1st and 2nd respondents to refer the dispute to Arbitration, as per G.O.Ms.No.17, Highways and Minor Department dated 06.03.2023.

2. When the matter came up for hearing today, the learned counsel appearing on behalf of the petitioner submits that pending the Writ Petition, a communication dated 10.02.2025 is received by the petitioner from the Superintending Engineer (H), Projects Circle, Chennai. A copy of the same is produced before this Court. The said communication reads as follows:-

"In this circumstance, vide ref.5th cited it is requested by the contractor to revoke the absolute determination order passed by this office and to allow to proceed the work. In order to consider the request for the sake of early completion of the subject work and put into public use, it is informed to withdraw the Writ Petition (W.P.No.5726/2024) filed in Hon'ble High Court of Madras and communicate the details of the same to this office."

3. In view thereof, while keeping open the rights of the petitioner, the petitioner seeks permission of this Court to withdraw the Writ Petition, in order to facilitate the authority to proceed further.

4. In the result, this Writ Petition stands dismissed as withdrawn with liberty to the petitioner as prayed for. No costs. Consequently, the associated miscellaneous petition is closed.

26.03.2025 : Yes / No Jer

D.BHARATHA CHAKRAVARTHY, J.

Jer To 1.The Secretary to Govt.

State of Tamil Nadu Highways Department Fort St.George, Chennai - 600 009.

2.The Chief Engineer Highways Projects / Convener High Level Disputes Resolution Committee Highways Department Chennai - 600 025.

3.The Superintending Engineer (H) Project Circle, Chennai - 600 016.

26.03.2025