← Library
Madras High CourtWP/20550/2018disposed of

M.Ramasamy, v. The Managing Director

2019-03-27Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.20550, 20551, 20552 & 20553 of 2018 M.Ramasamy

...Petitioner

(in WP.No.20550 of 2018) K.Gananasekaran ... Petitioner (in WP.No.20551 of 2018) V.Palaniswamy ... Petitioner (in WP.No.20552 of 2018) P.Thiruppathi ... Petitioner (in WP.No.20553 of 2018) -Vs1.The Managing Director Tamil Nadu Water Supply and Drainage Board 31, Kamarajar Salai Chepauk, Chennai-600 005.

2.The Executive Engineer TWAD Board RWS Division, Karur.

..Respondents (in all WPs) Writ Petition No.20550 of 2018 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the payment due to the petitioner to the tune of Rs.1,79,044/- in respect of agreement D.R.No.62/TWAD/2010-2011 dated 08.07.2010.

Writ Petition No.20551 of 2018 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the payment due to the petitioner to the tune of Rs.1,79,931/- in respect of agreement D.R.No.54/TWAD/2010-2011 dated 07.07.2010.

Writ Petition No.20552 of 2018 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the payment due to the petitioner to the tune of Rs.50,517/- in respect of agreement D.R.No.73/TWAD/2010-2011 dated 08.07.2010.

Writ Petition No.20553 of 2018 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the payment due to the petitioner to the tune of Rs.1,51,757/- in respect of agreement D.R.No.60/TWAD/2010-2011 dated 08.07.2010.

For Petitioner :

Mr.K.S.Viswanathan (in all WPs) For Respondents:

Mr.M.Arokiyaraj (in all WPs) C O M M O N O R D E R These writ petitions are filed seeking for a Mandamus directing the respondents to release the payments of Rs.1,79,044/-, Rs.1,79,931/-, Rs.50,517/- and Rs.1,51,757/- due to the respective petitioners.

2. The grievance of the petitioners is that even though they have executed the work awarded to them viz., Annual maintenance of CWSS to 127 habitations in Kulithalai and Thogamalai Unioni in Karur District (Reach II), Annual maintenance of CWSS to 147 habitations under CWSS to 378 habitations in K.Paramathy and Aravakurichi Union of Karur District (Reach II), Annual maintenance of CWSS to 101 habitations in Karur and K.Paramathi Union in Karur District (Stage-II Part-I) of Reach II 101 habitation Reach-II and Annual maintenance of CWSS to 63 habitations under CWSS to 378 habitations in K.Paramathi and Aravakuruchi Union of Karur District, as early as in the year 2010, the respondents are still due the sum of Rs.1,79,044/-, Rs.1,79,931/-, Rs.50,517/- and Rs.1,51,757/- to the respective petitioners.

3. The learned counsel for the respondents submitted that already similar request made by another contractor has been considered by this Court in WP.No.32864 of 2018 and passed an order directing the 1st respondent-Board to release the withheld amount within a period of four months with simple interest at the rate of 6% per annum. He has also produced a copy of the said order dated 05.02.2019. By stating so, the learned counsel seeks four months time to release the amount to the petitioners, as has been given in the other writ petition filed in WP.No.32864 of 2018.

4. Since the learned counsel for the respondents has submitted that the respondents would pay the amount, these writ petitions are disposed of, only with a direction to the

respondents to pay the amount payable to the respective petitioners within a period of 4 months from the date of receipt of a copy of this order. No Costs.

mk Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Managing Director Tamil Nadu Water Supply and Drainage Board 31, Kamarajar Salai Chepauk, Chennai-600 005.

2.The Executive Engineer TWAD Board RWS Division, Karur.

+4 CCs to M/s.V.Suthakar, Advocate, SR.No.30421 to 30424 +1cc to Mr.M.Arokiyaraj, Advocate, SR.No.29555 W.P.Nos.20550, 20551, 20552 & 20553 of 2018 Kak(10/05/2019)