Madras High CourtWP/33880/2017disposed of

Coimbatore Corporation v. State Of Tamil Nadu

2018-08-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.33880 of 2017 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

Vs 1.State of Tamil Nadu, Rep. by its Principal Secretary to Government, Public Works Department, Secretariat, Chennai 600 009.

2.State of Tamil Nadu, Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

3.The Commissioner of Municipal Administration, Chepauk, Chennai 600 005.

4.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

5.The Chief Engineer (WRO), Tamil Nadu Public Works Department, Chepauk, Chennai 600 005.

6.The Chief Engineer, Highways, Construction and Maintenance, HRS camps, 76-Sarthar Patel Road, Guindy, Chennai 600 025.

7.The Executive Director, Tamilnadu Water Supply and Drainage Board, No.31, Kamaraj Road, Chepauk, Chennai - 600 005.

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 17.11.2017 and to include the provision for 1)ESI, 2)EPF, 3)Toll Charges 4)Seigniorage charges 5)Labour Welfare Fund, 6)Minimum Contractor Profit 10%, 7)comparison with current market rate, 8)Quarry and Crushers leads as per actual 9)replacement of funace oil with diesel due to pollution and 10) Provision for advance patches and leveling course on road works in the revised standard schedule of rates for the year 20172018. For Petitioner : Mr.S.Doraisamy For R1 to R3, R5 & R6 : Mr.V.Jayaprakash Narayanan Special Government Pleader For R4 : Mrs.R.Arulmozhi For R7 : Mr.N.Ramesh

O R D E R

This Writ Petition is filed seeking a direction to the respondents to consider and pass orders on the representation of the petitioner dated 17.11.2017, seeking to include certain heads not included in the revised standard schedule of rates with basic rates and the learned counsel for the respondents on instructions, submitted that the representation of the petitioner would be considered on merits.

2.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the respondents are directed to consider the representation of the petitioner dated 17.11.2017 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

3.Accordingly, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gsa

To 1.Principal Secretary to Government, State of Tamil Nadu, Public Works Department, Secretariat, Chennai 600 009.

2.The Principal Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.