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Madras High CourtWP/5327/2024disposed of

M/S.Maharaja Cables v. The Chairman

2024-03-01Honourable Dr Justice Anita Sumanth6 pages

2024:MHC:1088

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.03.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH M/s.Maharaja Cables Represented by its Manager Mr.Ravi Baliah F-5, Vasant Square Mall, Vasant Kunj, Delhi - 110070.

... Petitioner in both W.P.'s Vs 1.The Chairman, 6th Floor, TANTRANSCO (HQ) Building, 2.The Managing Director, 6th Floor, TANTRANSCO (HQ) Building, 3.The Chief Financial Control, 5th Floor,TANTRANSCO (HQ) Building, 144, Anna Salai, Chennai - 600002. .... Respondents in both W.P.'s 4.The Chief Engineer (Transmission) 1/6

5.The Superintending Engineer/Transmission-II(I/C) .... Respondent in W.P.No.5327 of 2024 6.The Chief Engineer (Transmission) 4th Floor, TANTRANSCO (HQ) Building, .... Respondent in W.P.No.5334 of 2024 PRAYER in W.P.No.5327 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent to consider and pass orders in accordance with IEEMA'S Circular No.08/DIV/CAB/05, dated 11.07.2022 for 8 Core 4.00 Sqmm armoured cable based on the Petitioner's representation dated 18.12.2023 within a time frame in accordance with law.

PRAYER in W.P.No.5334 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent to consider and pass orders in accordance with IEEMA'S Circular No.08/DIV/CAB/05, dated 11.07.2022 for 8 Core 4.00 Sqmm armoured cable based on the Petitioner's representation dated 19.05.2023 within a time frame in accordance with law.

In both W.P.'s For Petitioner : Mr.S.Santhan For Respondents :Mr.D.R.Arunkumar Standing Counsel 2/6

C O M M O N O R D E R Mr.D.R.Arunkumar, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of these Writ Petitions, even at the stage of admission.

2. The petitioner sought a mandamus directing the Chief Engineer (Transmission) to consider and pass orders on its representations dated 18.12.2023 and 19.05.2023. Inter alia, the petitioner relies on Circular No.08/DIV/CAB/05, dated 11.07.2022 issued by the Indian Electrical and Electronics Manufacturers Association (IEEMA) in relation to procurement of 8 Core 4.00 Sqmm armoured cable.

3. Mr.Arun Kumar, learned counsel for the respondents would have no objection to the issuance of mandamus simplicitor but would submit that the eligibility of the petitioner to claim benefit under the aforesaid Circular of IEEMA is to be tested.

4. Since the question of eligibility or otherwise would depend on the adherence by the petitioner to terms of the Circular itself, which exercise this Court is not embarking upon, mandamus is issued to R4, to hear the petitioner, take a considered view on the request of the petitioner vide representations dated 18.12.2023 and 19.05.2023, decide whether it is entitled to the benefit 3/6

under Circular of IEEMA as aforesaid, and dispose representations in accordance with law and all other Rules and Regulations, within a period of four (4) weeks from date of receipt of a copy of this order.

5. These Writ Petition are disposed in the aforesaid terms. No costs. 01.03.2024 Index : Yes / No Speaking order sl To 1.The Chairman, 6th Floor, TANTRANSCO (HQ) Building, 2.The Managing Director, 6th Floor, TANTRANSCO (HQ) Building, 3.The Chief Financial Control, 5th Floor,TANTRANSCO (HQ) Building, 4.The Chief Engineer (Transmission) 4/6

5.The Superintending Engineer/Transmission-II(I/C) 6.The Chief Engineer (Transmission) 4th Floor, TANTRANSCO (HQ) Building, 5/6

Dr.ANITA SUMANTH,J.

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