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Madras High CourtWP/12239/2019withdrawn dismissed

Excel Engineering Enterprises, v. The General Manager,

2020-08-28Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.12239 & 28773 of 2019 and W.M.P.Nos.28518, 28520 & 12523 of 2019 Excel Engineering Enterprises No.63,Tamaraikulam, Elagiri Post Jolarpettai, Vellore District, rep. By its Proprietor, G.Kumaresan ... Petitioner in both the W.Ps vs The General Manager, Southern Railways, Park Town, Chennai-600 003.

The Chief Administrative Officer, Egmore, Chennai- 600 008.

The Chief Engineer/ S& RB, Construction, Southern Railway, Egmore, Chennai- 600 008 The Deputy Chief Engineer, Chennai - 600 045.

...R1 to R4 in WP.Nos.12239/19 & 28773/2019 Mr.N.Jayaraman, The Executive Engineer, (XEN) Chennai - 600 045. ..5th respondent in W.P.12239/2019 and 6th respondent in W.P.No.28773/2019 Page No. 1/6

Mars Construction, HIG 2253 TNHB, Avadi, Chennai - 600 054 ..6th respondent in W.P.12239/2019 S.Jayasankar, Deputy Chief Engineer, Chennai - 600 045 ..5th Respondent in W.P.No.28773/2019 Prayer:

Writ Petition No.12239/2019 is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondents 1 to 5 (1) to take measurements of the work executed by the petitioner (2) to hand over the site from Thambaram to Guduvancheri and Singaperumal Koil to Chengalpattu

(3) to furnish the "Working Section (Earth Work formation design drawing)" for the balance of work (4) to make payment for the work done and (5) until the measurement is made of the work executed by the petitioner not to permit the 6th respondent or any other persons/contractors to execute any work over and above the work executed by the petitioner in pursuant to the Letter of Acceptance made in No.W.496/TBM-CGL/5/CN(7896) UCC:001568, Tender Number TBM-CGL/5 dated 30.01.2017 on the file of the 2nd respondent and Agreement No.60/DY.CE/CN/I/TBM-CGL/2017 dated 12.04.2017 on the file of the 4th respondent. Writ Petition No.28773/2019 is filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the proceedings No.P.133/I/1/CN/Jurisdiction/Vol.IV dated 23.09.2019 on the file of the 2nd respondent and quash the same.

For Petitioner :

Mr.Elangovan for Mr.S.Doraiswamy in WP.No.12239/2019 Mr.M.Sathish Kumar in WP.No.28773/2019 For Respondents :

Mr.P.T.Ramkumar both petitions Standing Counsel Page No. 2/6

C O M M O N O R D E R This matter is taken up for hearing through Video Conferencing mode.

2. The learned counsel for the petitioner seeks permission of this Court to withdraw these writ petitions. He has also given a letter to the Registry to that effect.

3. In view of the above, the Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vri/vsi To

1. The General Manager, Southern Railways, Park Town, Chennai-600 003.

2. The Chief Administrative Officer, Egmore, Chennai- 600 008.

3. The Chief Engineer/ S& RB, Construction, Southern Railway, Egmore, Chennai- 600 008 Page No. 3/6

4. The Deputy Chief Engineer, Chennai - 600 045.

W.P.Nos.12239 & 28773 of 2019 and W.M.P.Nos.28518, 28520 & 12523 of 2019 vgII(co) aa28/10/2020 Page No. 4/6