M/S.Sripathy Assoceates, A v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21375 of 2016 M/s.Sripathy Assoceates, A registered firm rep. by its Managing Partner S.Srinivasa Moorthy ... Petitioner Vs.
1 The State of Tamil Nadu rep.by its Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, St.George Fort, Chennai - 600 009.
2 The Chief Engineer, Fisheries Department, DMS Complex, Teynampet, Chennai - 600 006.
3 The Executive Engineer, Fishing Harbour Project Division, 26, Sattaippar East Street, Nagapattinam - 611 001.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the balance outstanding due of Rs.23,03,62,770/- payable under the Articles of Agreement No.14/2014-15 dated 24.11.2014 for construction of the work done relating to the main Breakwater for Fishing Harbour at Poombuhar in Nagapattinam District by considering the representations dated 02.04.2016, 12.05.2016 and 02.06.2016.
For Petitioner : Mr.N.Manokaran for M/s.D.Gopal For Respondents : Mr.R.Govindasamy Special Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The petitioner would state that, it is a registered Government Civil Engineering Contractor carrying on the business of contract works and it also entered into an Articles of Agreement No.14/2014-15, dated 24.11.2014, to carry on the construction of main Breakwater for Fishing Harbour at Poombuhar in Nagapatinam District. According to the petitioner, it has done qualitative work and executed the contract work in accordance with the specifications/ norms.
3.The grievance expressed by the petitioner is that, though the value of the tender is Rs.53,03,33,350/- and they have executed the work to the value of Rs.29.51 Crores, they have been paid only 5.41 Crores and the balance as on 02.04.2016 was Rs.24.10 Crores and in spite of repeated representations and reminders to the third respondent, no orders have been passed and hence, came forward to file this writ petition.
4.Mr.N.Manokaran, learned counsel appearing for the petitioner has drawn the attention of this Court to paragraph no.5 of the affidavit and would submit that as on today, a sum of Rs.23,03,62,770/- as detailed hereunder, is due and payable to the petitioner in respect of the contract work undertaken by them and prays for appropriate orders.
Sl.No. Particulars Pending Amount Interest (Rs.) Total(Rs.) Bill pending 20,16,77,802.00 2,86,84,968.00 23,03,62,770.00 5.This Court also heard the submissions of Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents.
6.Though, the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances, directs the respondents 1 and 2 to consider the petitioner's representations, dated 02.04.2016, 12.05.2016, 01.06.2016,
02.06.2016 and 12.06.2016, on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
7.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1 The State of Tamil Nadu rep.by its Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, St.George Fort, Chennai - 600 009.
2 The Chief Engineer, Fisheries Department, DMS Complex, Teynampet, Chennai - 600 006.
3 The Executive Engineer, Fishing Harbour Project Division, 26, Sattaippar East Street, Nagapattinam - 611 001.
+1 cc to M/s.D.Gopal Advocate sr.34597 +1 cc to Government Pleader sr.34897 W.P.No.21375 of 2016 ssk(co) aa30/06/2016