Class I Contractor Welfare Association v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.7.2021

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.14098 of 2021 Class I Contractor Welfare Association Rep by its Secretary Sen Varghese.

Registration No. 112/ 2021 No.6C, CTA Garden, First Avenue, Mangadu, Chennai-600 122.

... Petitioner Vs.

The Commissioner Greater Chennai Corporation, Ripon building, Chennai- 600 003.

... Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondent to consider and pass orders on the representation of the petitioner, dated 22.06.2021 and extend the agreement period duration at least 50% of the existing time for all the respective ongoing tender works in Greater Chennai Corporation and not to cancel or impose penalty for the tender works awarded during COVID 19 Period.

For Petitioner : Mr.S.Doraisamy For Respondent : Mrs.P.T.Ramadevi

O R D E R

The petitioner Association has filed the instant writ petition on behalf of its members seeking to extend the duration of the agreement period so as to execute the work for the aforesaid contract awarded by the respondent Corporation. All the members of the petitioner Association participated in the tender published by the respondent Corporation on 19.2.2021 and the work orders were issued during February or March 2020. As per the terms and conditions of the contract, they have to https://hcservices.ecourts.gov.in/hcservices/

complete the work within a period of 6 months or one year. Due to Covid 19 pandemic, the Government of Tamil Nadu vide G.O.Ms.No.152, imposed lock down and the same was extended upto 6.9.2020. Therefore, they could not able to complete the work within the specified period. They also made a representation to the respondent to extend the agreement period. However, no order has been passed by the respondent. Therefore, the present writ petition has been filed before this Court.

2. Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the respondent Corporation and perused the materials available on record.

3. Considering the limited scope of prayer sought for by the petitioner Association, without expressing any opinion on merit, this Court is inclined to direct the petitioner to enclose the copy of the representation, dated 22.6.2021 along with copy of this order. On receipt of the said representation, the respondent Corporation shall consider the same and pass appropriate orders as expeditiously as possible preferably within a period of six weeks from the date of receipt of copy of this order.

4. Accordingly, the writ petition stands disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vaan To The Commissioner Greater Chennai Corporation, Ripon building, Chennai- 600 003.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.35422 +1cc to Mrs.P.T.Ramadevi, Advocate, S.R.No.35701 W.P.No.14098 of 2021 PM(CO) CS/16/08/2021 https://hcservices.ecourts.gov.in/hcservices/