Hari And Sons v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Hari & Son's represented by its Partner A.Harikrishnan, No.43/51, 53rd Street, 9th Sector, K.K.Nagar, Chennai - 600 078.

... Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Superintending Engineer, Bus Route Roads Department, Corporation of Chennai, Chennai - 600 003.

3.The Zonal Officer, Zone - 5, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai - 600 021.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to 1/4

make balance payment of Rs.62,88,000/- to the petitioner with interest for the work executed by the petitioner as per the work order in B.R.R.C.No.B3/4634/2020-6 dated 19.02.2021 on the file of the second respondent as per the representations of the petitioner dated 10.02.2023 and 17.04.2023.

For Petitioner : Mr.V.Elangovan For Respondents : Mrs.P.T.Ramadevi Standing Counsel [R1 & R3] Mr.C.Selvaraj Additional Government Pleader [R2] *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representations made by the petitioner on 10.02.2023 and 17.04.2023 and to make balance payment of a sum of Rs.62,88,000/- for the work already executed and completed by the petitioner.

2. Heard Mr.V.Elangovan, learned counsel for petitioner, Mrs.P.T.Ramadevi, learned Standing Counsel appearing for respondents 1 and 3 and Mr.C.Selvaraj, learned Additional Government Pleader appearing for the second respondent.

3. The case of the petitioner is that he was the successful 2/4

bidder in the tender notification that was issued by the second respondent for carrying out interior BT road in Zone - V. The further case of the petitioner is that the work order was issued by the second respondent through proceedings dated 19.02.2021 and the work was completed within the time stipulated.

4. The grievance of the petitioner is that there was a balance payment of Rs.62,88,000/- payable to the petitioner. The petitioner made various representations in this regard and since the same did not evoke any response, the present writ petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the respondents 1 and 2 to consider the representation made by the petitioner on 10.02.2023 and take a final decision with regard to payment of the amount for the work that has already been completed by the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to respondents 1 and 2 along with N.ANAND VENKATESH, J 3/4

gm a copy of the representation dated 10.02.2023 and all relevant documents and also a copy of this order.

Accordingly, this writ petition is disposed of. No costs. 28.04.2023 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Superintending Engineer, Bus Route Roads Department, Corporation of Chennai, Chennai - 600 003.

3.The Zonal Officer, Zone - 5, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai - 600 021.

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