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Madras High CourtWP/10898/2024disposed of

M/S.S.J.Brothers v. The Commissioner

2024-04-30Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN M/s.S.J.Brothers Class-III, Civil Engineering Contractor No.1C/9, South Pragaram Street Thiruvotriyur Chennai-600 019 rep by its partner B.Vasanthi

...Petitioner

Vs.

1.The Commissioner Greater Chennai Corporation Rippon Building Chennai-600 003 2.The Chief Engineer (General) Greater Chennai Corporation Rippon Buildings Chennai-600 003 3.The Zonal Officer Zone No.1, Greater Chennai Corporation Thiruvotriyur Chennai-600 019 1/7

4.The Zonal Health Officer Zone No.1, Greater Chennai Corporation Thiruvotriyur, Chennai-600 019

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the payment of Rs.12,21,696/- to the petitioner for the work executed by the petitioner as per the work order in Z.O.1/Na.Ka.No.2200/H1/2016 dated 29.02.2016 on the file of the 3rd respondent based upon the representations of the petitioner dated 15.05.2017, 02.02.2018, 06.08.2018,19.12.2018,20.02.2019,06.06.2019,25.11.2019,12.05.2020, 22.12.2020,09.06.2021,08.12.2021,21.04.2022,19.10.2022,22.05.2023, 29.11.2023,27.03.2024 and 12.04.2024.

For Petitioner : Mr.S.Doraisamy For Respondents : Ms.K.Aswini Devi, Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the the respondents to disburse the payment of Rs.12,21,696/- to the petitioner for the work executed by the petitioner as per the work order in Z.O.1/Na.Ka.No.2200/H1/2016 dated 29.02.2016 on the file of the 3rd respondent based upon the representations of the petitioner dated 15.05.2017,02.02.2018,06.08.2018,19.12.2018,20.02.2019,06.06.2019, 2/7

25.11.2019,12.05.2020,22.12.2020,09.06.2021,08.12.2021,21.04.2022, 19.10.2022,22.05.2023,29.11.2023,27.03.2024 and 12.04.2024.

2. The facts of the case is that the petitioner is a Class -III Civil Engineering contractor under the respondent Corporation. The petitioner executed several works under various departments within the time stipulated in the tender schedule with high quality of works. Petitioner participated in the tender called for by the 3rd respondent and became a successful bidder and he was given the letter of acceptance on 26.02.2016 and work order was issued on 29.02.2016. The 3rd respondent extended the contract for a further period of 10 days. The total cost spent by the petitioner for the above work was Rs.12,21,696/-. However, no payment was made to the petitioner.

The 3rd respondent issued a letter to the petitioner informing that the agreement copy was sent to the 2nd respondent for approval, as and when the approval is granted, the payment will be made. Since the payment was not forthcoming the petitioner sought a reply under the Right to Information, wherein a reply was given by the 4th respondent on 31.08.

days. But the same was not paid to the petitioner and hence the petitioner sent representation to the respondents on various dates requesting them to make payment of Rs.12,21,696/- for the work executed by the petitioner. Hence, the present Writ Petition.

3. The learned counsel appearing for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to disburse the payment of Rs.12,21,696/- to the petitioner for the work executed by the petitioner as per the work order in Z.O.1/Na.Ka.No.2200/H1/2016 dated 29.02.2016 on the file of the 3rd respondent based upon the representations of the petitioner dated 15.05.2017,02.02.2018,06.08.2018,19.12.2018,20.02.2019,06.06.2019, 25.11.2019,12.05.2020,22.12.2020,09.06.2021,08.12.2021,21.04.2022, 19.10.2022,22.05.2023,29.11.2023,27.03.2024 and 12.04.2024.

4. Heard Mr.S.Doraisamy, learned counsel appearing for the petitioner and Ms.K.Aswini Devi, learned Standing counsel for the respondents/Corporation.

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5. Learned Standing counsel appearing for the respondents/Corporation would submit that a direction will be issued to the respondents to consider the representations of the petitioner after affording an opportunity of personal hearing and orders will be passed.

6. Considering the facts of the case, this Court without expressing any opinion on the merits of the case, directs the respondents to disburse the payment of Rs.12,21,696/- to the petitioner for the work executed by the petitioner as per the work order in Z.O.1/Na.Ka.No.2200/H1/2016 dated 29.02.2016 on the file of the 3rd respondent based upon the representations of the petitioner dated 15.05.2017, 02.02.2018, 06.08.2018, 19.12.2018, 20.02.2019, 06.06.2019, 25.11.2019, 12.05.2020, 22.12.2020, 09.06.2021, 08.12.2021, 21.04.2022, 19.10.2022, 22.05.2023, 29.11.2023, 27.03.2024 and 12.04.2024 by affording an opportunity of personal hearing and pass orders within a period of twelve weeks from the date of receipt of a copy of this order. With the above observation, this Writ Petition is disposed of. There 5/7

shall be no order as to costs.

30.04.2024 Index:Yes/No Speaking order/Non-speaking order kpr Copy To:

1.The Commissioner Greater Chennai Corporation Rippon Building Chennai-600 003 2.The Chief Engineer (General) Greater Chennai Corporation Rippon Buildings Chennai-600 003 3.The Zonal Officer Zone No.1, Greater Chennai Corporation Thiruvotriyur Chennai-600 019 4.The Zonal Health Officer Zone No.1, Greater Chennai Corporation Thiruvotriyur, Chennai-600 019 V.BHAVANI SUBBAROYAN,J.

kpr 6/7

30.04.2024.

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