Vanaja Constructions v. The Commissioner Of Municipal Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA M/s.Vanaja Constructions, Rep. by its Proprietor, K.Vanaja, W/o.Kamaraj, No.9A/245, Kannadasan Street, Annai Sathiya Nagar, Ambattur, Chennai - 600 053.
Petitioner(s) Vs 1.The Commissioner of Municipal Administration, MRC Nagar, Raja Annamalai Puram, Chennai-600 028.
2.The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Chennai - 600 077.
Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 2 nd respondent to disburse the balance bill amount of Rs.17,92,463/- in pursuant to the work order in Na.Ka.No.228/2022/E1 dated 24.07.2024 on the file of the 2 nd respondent by considering the petitioner's representation dated 16.12.2024 and pass such further orders. 1/6
For Petitioner:
Mr.S.Doraisamy For Respondents:
Mr.M.S.Prem Kumar, Government Advocate for R1 Dr.T.Seenivasan, Special Government Pleader for R2
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2 nd respondent to disburse the balance bill amount of Rs.17,92,463/- in pursuant to the work order in Na.Ka.No.228/2022/E1 dated 24.07.2024 on the file of the 2 nd respondent by considering the petitioner's representation dated 16.12.2024.
2. The petitioner, a registered contractor with the Thiruverkadu Municipality, successfully participated in a tender floated under Na.Ka.No. 228/2022/E1 dated 02.03.2024 for executing road repair works in Wards 7 to 12 and 13 to 18. Pursuant to being awarded the contract, a work order was issued on 24.07.2024 for a value of Rs.40,00,000/-, with a stipulated completion time of 90 days. The petitioner completed the work satisfactorily within the prescribed time, which was verified and recorded by the second respondent in 2/6
the Measurement Book (M.B. No. 82/2024-25). An invoice for Rs. 35,83,615/- was raised on 02.12.2024. However, despite initial partial payments totalling Rs. 17,40,000/-, a balance amount of Rs. 17,92,463/- remains unpaid despite multiple representations, including a final one dated 16.12.2024.
3. Learned Counsel for the Petitioner submits that despite successful and satisfactory completion of the contracted work, and despite verification and acknowledgment by the respondents, the failure to disburse the balance bill is arbitrary and unjust. He submits that the delay in payment is causing severe financial hardship and that the respondent, having enjoyed the benefit of the completed work, is legally and contractually bound to settle the entire bill amount. Since repeated representations yielded no response, and there is no other effective remedy available, the petitioner seeks a writ of mandamus to direct the respondents to release the outstanding balance.
4. Learned Special Government Pleader appearing for R2 as well as learned Government Advocate appearing for R1 would submit that the representations of the petitioner dated 16.12.2024 and 12.01.2025 respectively would be considered on merits, in accordance with law within a time frame 3/6
stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the second respondent is directed to consider the representations of the petitioner dated 16.12.2024 and 12.01.2025 respectively after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on merits, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observations and direction. No costs.
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To 1.The Commissioner of Municipal Administration, MRC Nagar, Raja Annamalai Puram, Chennai-600 028.
2.The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Chennai - 600 077.
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N.MALA., J.
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