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Madras High CourtWP/14411/2015disposed of

Balaji Industrial And v. Tamilnaldu Water Supply And

2015-09-04Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.14411 of 2015 and M.P.Nos.1, 2 and 3 of 2015 Balaji Industrial and Agricultural Castings Pvt. Ltd. rep. by its Managing Director 16 I.D.A. Balanagar Hyderabad 500 037 ... Petitioner - Vs -

1. TamilNadu Water Supply and Drainage Board rep. by its Managing Director Chepauk Chennai-5

2. The Chief Engineer Tamilnadu Water Supply and Drainage Board Ganesh Nagar Melur Road Madurai 625 007

3. The Superintending Engineer Tamilnadu Water Supply and Drainage Board Sewerage Circle Ganesh Nagar Melur Road Madurai 625 007

4. The Executive Engineer Sewerage Division Tamilnadu Water Supply and Drainage Board Ramanathapuram 623 501 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of mandamus directing the respondents to forthwith initiate action as per the proceedings of the meeting convened by the 3rd respondent on 15.4.2015 for grant of (1) Extension of Intended Completion Date; (2) Compensations with reference to delay; and (3) Price Escalation for the future work to the petitioner as provided for in the conditions of contract relating

to the work of Laying and Jointing of 400mm dia. CI S/S Pipes from MPS to Sewge Treatment Plant construction of Sewage Treatment Plant of 4.92 MLD with EASP Technology with 5 years operation and maintenance for UGSS to Sivagangai Municipality in Sivagangai District.

For Petitioner : Mr.Kandhan Duraisamy For R1 to R4 : M/s. S.Thamizharasi

ORDER

The writ petition is filed for the issuance of a writ of mandamus directing the respondents to forthwith initiate action as per the proceedings of the meeting convened by the 3rd respondent on 15.4.2015 for grant of (1) Extension of Intended Completion Date; (2) Compensations with reference to delay; and (3) Price Escalation for the future work to the petitioner as provided for in the conditions of contract relating to the work of Laying and Jointing of 400mm dia. CI S/S Pipes from MPS to Sewge Treatment Plant construction of Sewage Treatment Plant of 4.92 MLD with EASP Technology with 5 years operation and maintenance for UGSS to Sivagangai Municipality in Sivagangai District.

2. The learned counsel appearing on both sides submitted that nothing survives for consideration since the request made by the petitioner regarding escalation of price had been adhered to and the petitioner has commenced the work.

3. Writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kua

To

1. The Managing Director TamilNadu Water Supply and Drainage Board Chepauk Chennai-5

2. The Chief Engineer Tamilnadu Water Supply and Drainage Board Ganesh Nagar Melur Road Madurai 625 007

3. The Superintending Engineer Tamilnadu Water Supply and Drainage Board Sewerage Circle Ganesh Nagar Melur Road Madurai 625 007

4. The Executive Engineer Sewerage Division Tamilnadu Water Supply and Drainage Board Ramanathapuram 623 501 +1cc to M/s.S.Thamizharasi, Advocate, S.R.No.47712 +1cc to M/s.Muthumani Doraisami, Advocate, S.R.No.47963 W.P.No.14411 of 2015 RSI(CO) CA(23/09/2015)