Coimbatore Corporation Contractors v. K.Manivasan Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.09.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Cont.P.No. 466 of 2021 [Video Conferencing] Coimbatore Corporation Contractors Welfare Association Registration No. 81/2012, A7-Sundaresa Iyer Layout Trichy Road, Coimbatore - 641 018, Rep. by its President R.Udayakumar ... Petitioner/Petitioner in W.P.

Versus

1.

Mr. K.Manivasan, Principal Secretary to Government, Public Works Department, Secretariat, Chennai 600 009 2.

Mr. A.Karthik, Principal Secretary to Government, Highways and Minor Port Department, Secretariat, Chennai 600 009 3.

K.Ramamoorthy, Engineer-in-Chief, WRD and Chief Engineer(General), Public Works Department, 4.

N.Shanthy, Chief Engineer, Highways, Construction and Maintenance, HRS Campus, 76-Sarthar Patel Road, Guindy, Chennai 600 025

5.

S.Krishnan, Secretary, Finance Department Secretariat, Namakkal Kavignar Maaligai, Fort St. George, Chennai 600 009 6.

Dr.K.Baskaran, Commisioner of Municipal Administration, Ezhilagam, 7.

G.Prakash, Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003 8.

P.Kumaravel Pandian, Commissioner, Coimbatore City Municipal Corporation, Town Hall, Coimbatore 641 001 9.

C.N.Mahesvaran, Managing Director, TWAD Board, 31, Kamarajar Salai, 10.

T.N.Hariharan, Managing Director, CMWSS Board, Chennai 600 002 ... Respondents/Respondents in W.P.

(The respondents 2, 3, 4, 5, 9 and 10 are discharged from this Contempt Petition as per the orders of the Hon'ble Court dated 09.08.2021)

PRAYER : - Contempt Petition is filed under Section 11 of the Contempt of Court Act to punish the respondents for their willful disobedience of the orders of this Hon'ble Court passed in W.P.No. 5136 of 2020 dated 28.02.2020 under the provisions of Contempt of Courts Act. *** For Petitioner :

Mr.S.Doraisamy For RR 1 & 2 :

Mr. K.M.D. Muhilan Government Advocate For 7th Respondent :

M/s. B.Manimegalai Standing Counsel For 8th Respondent:

Mr. K.Mahesh Standing Counsel For 9th Respondent:

Mr. M.Arokiyaraj For 10th Respondent:

Mr.P.K.Panneer Selvam

ORDER

A communication has been forward by Mr.K.M.D.Muhilan, learned Government Advocate on the Civil Side addressed by the Director of Municipal Administration, Urban Administrative Office Campus, Chennai to the Coimbatore Corporation, Contractors Welfare Association at Coimbatore in R.O.C.No. 27803/2017/E3 signed on 11.09.2021 in which it had been stated by the said Director of Municipal Administration that payment of 1% percent bonus as an incentive for advance completion of work for all the future contract works for all the future contractors shall be paid in accordance with the guidelines prescribed in G.O.Ms.No. 227, Municipal Administration and Water Supply (MA3) Department dated

23.11.2009.

2.

It had also been stated in the said communication that since completed works had been done based on the agreements entered into by the Contractors and the local bodies, the scheme of giving bonus for the works completed for the past two years cannot be extended in view of the agreement for the works.

3.

The said communication is taken on file and along with the same, an affidavit has also been filed by the Director of Municipal Administration Mr.P.Ponniah, who is also holding the post of the Commissioner of Municipal Administration at Chennai. Both the affidavit and the order just now referred are taken on record and nothing further survives in the Contempt Petition, the same is closed. However, if the petitioner or anybody else is aggrieved by the nature of the communication issued, they may take it up in the manner known to law. SD/- ASSISTANT REGISTRAR(COMM.CASES) vsg //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/10/06/2022 To

1. The Principal Secretary to Government, Public Works Department, Secretariat, Chennai 600 009

2. The Commisioner of Municipal Administration, Ezhilagam,

3. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003

4. The Commissioner, Coimbatore City Municipal Corporation, Town Hall, Coimbatore 641 001