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Madras High CourtWP/10493/2021disposed of

Vva Water Supply Co v. The Commissioner Of Municipal Administration

2024-10-14Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN and W.M.P.No.11093 of 2021

1. VVA Water Supply Co., Regd. Office, No.400, LIG2, TNHB, Avadi, Chennai - 600 054.

2.M. Kalpana 3.K. Balaraman ... Petitioners Vs.

1. The Commissioner of Municipal Administration, Urban Administration Building, Santhome High Road, MRC Nagar, Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Avadi City Municipal Corporation, New Military Road, Avadi,Chennai - 600 054.

3. The Municipal Engineer, Avadi City Municipal Corporation, New Military Road, Avadi, Chennai - 600 054.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the admitted dues amounting to Rs.1,81,74,420/- (Rupees One Crore Eighty One Lakhs Seventy Four Thousand Four Hundred and Twenty Only) being the sum lawfully due to the petitioners.

For Petitioners :

Mr. V. Srimathi For Respondents :

Mr. R.A. Gopinath Standing Counsel for R2 and R3 Mr.V. Manoharan Additional Government Pleader for R1

ORDER

This Writ Petition has been filed for a direction, directing the respondents to disburse the dues to the petitioners to the tune of Rs.1,81,74,420/- for the supply of water.

2. The petitioners have been engaged in the business of supply of water in the municipality of Avadi. While being so, the respondents invited tenders for supply of water for one year i.e., from 2017 to 2018 in Avadi Municipality. The petitioners placed their bid and their bid was selected and 2/6

awarded tender for the year 2017 - 2018 to supply water for the ward Nos.1 to 14, 20 to 23, 39 to 47 in Avadi.

3. As per the work order, the petitioners had deposited a sum of Rs.1,20,000/- as the earnest money deposit and engaged six lorries to complete the work order.

4. After completion of the period, by the communication dated 15.06.2018, the first respondent requested the petitioners to continue supply of water for the same wards in the Avadi municipality until a fresh tender invitation would have published. After awarding the work order to a new contractor by a fresh tender, the petitioners stopped supplying of water from 20.10.2019. Therefore, there is due for the period from 01.06.2018 to 20.10.2019 to the tune of Rs.1,81,74,420/-. Though the petitioners made several representations to the respondents, they did not disburse the amount.

5. In view of the above, the respondents are directed to disburse the due amount payable to the petitioners within a period of eight weeks from the date of receipt of a copy of this order.

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6. Accordingly, this writ petition is disposed of. No Costs. Consequently, the connected miscellaneous petition is closed. 14.10.2024 Index : Yes/No Speaking Order : Yes / No ab 4/6

To

1. The Commissioner of Municipal Administration, Urban Administration Building, Santhome High Road, MRC Nagar, Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Avadi City Municipal Corporation, New Military Road, Avadi,Chennai - 600 054.

3. The Municipal Engineer, Avadi City Municipal Corporation, New Military Road, Avadi, Chennai - 600 054.

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G.K. ILANTHIRAIYAN. J., ab 14.10.2024 6/6