Class I Contractor Welfare Association v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.16761 of 2021 Class I Contractor Welfare Association Registration No.112/2021, No.6C, CTA Garden First Avenue, Mangadu, Chennai 600 122 rep.by its Secretary Sen Varghese.

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Petitioner -VsThe Commissioner Municipal Administration MRC Nagar, Chennai.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of 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 percent of the existing time for all the respective ongoing tender works in respondent administration and not to cancel or impose penalty for the tender works awarded during Covid 19 period.

For Petitioner : Mr.S.Doraisamy For Respondents : Mr.A.Selvendran, Government Advocate

O R D E R

The petitioner Association has approached this Court seeking for the issue of a writ of Mandamus directing the respondent to consider the representation made by the petitioner on 22.06.2021 wherein a request has been made to extend the period of agreement for all the pending contracts by taking into consideration the pandemic situation and not to cancel or impose any penalty for non completion of the work within the stipulated time.

2. Heard Mr.S.Doraisamy, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing for the respondents.

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3. The Association had earlier approached this Court and filed W.P.No.14098 of 2021 with a similar prayer against the Chennai Corporation. This Court, on considering the scope of the prayer sought for by the Association, disposed of the writ petition with a direction to the Corporation to consider the request made by the Association within a stipulated period.

4. In the considered view of this Court, a similar direction can be issued in the present case also. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition and without expressing any views on the merits of the case, this Court is inclined to direct the respondent to consider the representation made by the petitioner Association on 22.06.2021 and deal with the same on its own merits and in accordance with law and take a decision as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondent along with a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KST To The Commissioner Municipal Administration MRC Nagar, Chennai.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.39599 +1cc to the Government Pleader, S.R.No.40073 W.P.No.16761 of 2021 RR(CO) HS(26/08/2021) https://hcservices.ecourts.gov.in/hcservices/