Madras High CourtWP/13632/2023disposed of

M/S.P.S.T.Engineering Construction v. The Superintendent Of Engineer

2023-04-28Honourable Dr Justice Anita Sumanth10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.04.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH M/s.P.S.T.Engineering Construction No.2/352, Vavipalayam, Kolaram POST, Paramathy Velur Taluk, Namakkal, Tamil Nadu - 637003.

Represented by its Managing Partner Mr.V.S.Thennarasu ... Petitioner in W.P.No.13632 of 2023 M/s.Arasu Hitech Infra Pvt Ltd No.5/73-D, West Street, Nallipalayam, Namakkal Tamil Nadu Represented by its Authorised Signatory Mr.S.Sukumar ... Petitioner in W.P.No.13639 of 2023 M/s.Tharun Construction and Co Door No.7, First Floor, Housing Board, TodHunter Nagar, Saidapet, Chennai, Tamil Nadu - 600015.

Represented by its Authorised Signatory Mr.R.Udhayakumar ... Petitioner in W.P.No.13639 of 2023 Vs 1.The Superintending Engineer Buildings (C&M) Circle Medical Works, Government of Tamil Nadu Chepauk, Chennai - 600005.

2.The Superintending Engineer,

Public Works Department, W.R.O.

Bhavani Basin Circle Government of Tamil Nadu Erode - 11.

3.The Superintending Engineer (H) Highways Department (Metro Wing) Chennai Metropolitan Development Plan Circle Division - I Government of Tamil Nadu Nandanam, Chennai - 600035.

4.The Superintending Engineer, Public Works Department, W.R.O.

Palar Basin Circle Government of Tamil Nadu Chennai - 600005.

5.The Superintending Engineer Buildings (C&M) Circle Government of Tamil Nadu Salem - 7.

6.The Managing Director Tiruppur Smart City Ltd Department of Municipal Administration and Water Supply Government of Tamil Nadu Tiruppur - 641604.

7.The Executive Engineer Kosasthalaiyar Basin Division - WRD, Government of Tamil Nadu Thiruvallur - 602003.

8.The Superintending Engineer CIT Nagar Redevelopment Works Division Tamil Nadu Housing Board Government of Tamil Nadu Nandanam, Chennai - 600035.

9.The Chief General Manager Tamil Nadu Road Development Company Ltd Government of Tamil Nadu Chennai - 600028.

10.The Estate Office I/C, Tamil Nadu Veterinary and Animal Science University Madhavaram Milk Colony Chennai - 600051.

11.The Divisional Engineer National Highways Department Ministry of Road Transport and Highways Government of India Vellore - 632001.

... Respondents in W.P.No.13632 of 1.The Superintending Engineer Buildings (Construction &Maintenance) Circle Medical Works, Government of Tamil Nadu Chepauk, Chennai - 600005.

... Respondent in W.P.No.13639 of 2023 1.The Superintending Engineer Buildings (Construction & Maintenance) Division Govt of Tamil Nadu Coimbatore - 641001.

2.The Managing Director Tamil Nadu Urban Habitat Development, Govt of Tamil Nadu Chennai - 600005.

3.The Superintending Engineer State Industrial Promotion Corporation of Tamil Nadu Limited SIPCOT Industrial Growth Center Govt of Tamil Nadu Oragadam, Chennai.

4.The Superintending Engineer Buildings (C&M) Circle Govt of Tamil Nadu Salem - 7.

... Respondents in W.P.No.13646 of PRAYER in W.P.No.13632 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents No.1 to 11 to dispose of the representations sent to them by the petitioner dated 14.10.2022 and 27.12.2022 in a time bound manner. PRAYER in W.P.No.13639 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider, respond and dispose of the representations sent to them by the petitioner dated 27.12.2022 in a time bound manner, preferably within a period of four weeks.

PRAYER in W.P.No.13646 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the

respondents No.1 to 4 to consider, respond and dispose of the Representations sent to them by the petitioner dated 27.12.2022 in a time bound manner. In all W.P.'s For Petitioner : Mr.M.V.Swaroop For Respondents : Mr.K.V.Sajeev Kumar Special Government Pleader C O M M O N O R D E R Mr.Sajeev Kumar, learned Special Government Pleader accepts notice for the respondents and is armed with necessary instructions to enable final disposal of these matters.

2. The petitioners seek mandamus directing the respondents, who are officials of various Government Departments, such as Public Works Department, Road Transport and Highways Department, Municipal Administration and Water Supply, Tamil Nadu Housing Board, Tamil Nadu Road Development Company, Tamil Nadu Veterinary and Animal Science University, Tamil Nadu Urban Habitat Development and State Industrial Promotion Corporation of Tamil Nadu Limited, to consider and dispose their representations, all dated 27.12.2022 filed before each one of the respondents.

3. The petitioners claim to be construction companies and were awarded tenders for various activities by the respondent Departments. Representations made before the authorities seek settlement of various dues that the petitioners

claim as against the respondents pursuant to being successful bidders in the tenders awarded to them and completion of works under the tenders.

4. While the petitioners claim to have remitted 18% GST on the turnover from the contracts, they have been reimbursed only to the extent of 12%. Hence they claim that the following Notifications are liable to be taken into account by the respondents in the proper fixation of GST liability and consequent reimbursement.

i) Notification No.11/2017 - Central Tax (Rate) dated 28.06.2017 ii) Notification No.20/2017 - Central Tax (Rate) dated 22.08.2017 iii) Notification No.03/2022 - C.t.(R) dated 13.07.2022

5. Since Mr.Sajeev would accede to the position that the representations dated 27.12.2022 have, indeed, been received by the respondents, a time limit of six (6) weeks from date of receipt of a copy of this order is fixed, during which time, the petitioners shall be called upon by issuance of notice, heard and their representations disposed in accordance with law taking into account the aforesaid Notifications as well as any other applicable Notifications, orders/Circulars in this regard.

6. These Writ Petitions are disposed as above. No costs. 28.04.2023 Index : Yes / No Speaking/non-speaking Order

sl To 1.The Superintending Engineer Buildings (C&M) Circle Medical Works, Government of Tamil Nadu Chepauk, Chennai - 600005.

2.The Superintending Engineer, Public Works Department, W.R.O.