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Madras High CourtWP/17106/2021disposed of

R.Parthiban v. The Managing Director

2021-08-23Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.17106 OF 2021 AND W.M.P.NO.18133 OF 2021 R.Parthiban ... Petitioner

Versus

1. The Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd., No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 600 018.

2. The General Manager (Technical), Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd., No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 18.

... Respondents PRAYER:- Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the Respondents to issue State Level Registration Certificate to the petitioner in the light of the 2nd respondent's communication No.C/004482/2020 dated 24.12.2020 and the completion of verification by the Executive Engineer, TAHDCO, Villupuram vide letter No.179/2020 va.pi./dated 26.12.2020, within a time frame fixed by this Court. For Petitioner :

Mr.V.Haribabu For Respondents :

Mr.G.Krishnaraja Government Counsel

O R D E R

The relief sought for in this Writ Petition is to direct the respondents to issue State Level Registration Certificate to the petitioner in the light of the 2nd respondent's communication dated 24.12.2020 as well as the letter sent by the Executive Engineer, TAHDCO, Villupuram dated 26.12.2020, within a time frame to be fixed by this court.

2. According to the petitioner, he is a registered contractor in Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd. (TAHDCO). By communication dated 09.03.1998, it was informed that his name was registered as a Scheduled Caste Class I Contractor in TAHDCO for executing works with monetary value of above Rs.25.00 lakhs in State Level. Pursuant to the same, he has been awarded several contracts and he also successfully executed the same. Thereafter, his registration certificate was renewed on 11.08.2011 for the works in the Villupuram Division with monetary value of above Rs.75.00 lakhs. In respect of Salem Division, the registration certificate of the petitioner was renewed on 28.02.2017.

The petitioner further averred that due to addition of new conditions by the second respondent, the petitioner is restrained from taking part in the tenders issued in respect of other Divisions, which caused grave prejudice and huge loss to him. Therefore, he made an application dated 10.12.2020 seeking to issue State Level Registration Certificate, so as to enable him to take part in the tenders in all over the State of Tamil Nadu, besides changing the registration from Salem to Villupuram Division. Subsequently, by communication dated 24.12.2020 the second respondent accepted the request of the petitioner seeking State Level Registration Certificate. After verification, the Executive Engineer, TAHDCO, Villupuram, sent the necessary proposal with all documents to the second respondent for further action.

However, there was no response on the said proposal. Hence, the petitioner is before this court with the present writ petition for the aforesaid relief.

3. Heard both sides and perused the documents placed before this court.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the application of the petitioner dated 10.12.2020 seeking issuance of State Level Registration Certificate and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this

order. While doing so, the respondents shall take into account the communications dated 24.12.2020 and 26.12.2020 sent by the second respondent and the Executive Engineer, TAHDCO, Villupuram, respectively.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msr To

1. The Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd., No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 600 018.

2. The General Manager (Technical), Tamil Nadu Adi Dravidar Housing and Development Corporation Ltd., No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 18.

+2ccs to Mr.V.Haribabu, Advocate, S.R.No.42365 +1cc to the Government Pleader, S.R.No.42323 W.P.NO.17106 OF 2021 AND W.M.P.NO.18133 OF 2021 KV(CO) PBS/24/09/2021