Madras High CourtWP/16450/2018withdrawn dismissed

M/S.Gms Elegant Builders(I) v. The Secretary,

2020-08-31Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.16450 & 16451 of 2018 M/s.GMS Elegant Builders (I) (P) Ltd., Rep. by its Managing Director, P.Balasivakumar, New No.H-98/1, Periyar Nagar, Erode - 638 001.

.. Petitioner in both W.Ps.

-vs1.The Secretary, (Finance & Expenditure), Ministry of Finance, 32, New Moti Bagh, New Delhi - 110 023.

2.The Director (Expenditure), Ministry of Finance, Department of Expenditure, Room No.76, North Block, New Delhi - 110 001.

3.The Secretary, Ministry of Human Resourcess and Development, Department of Higher Education, Technical Section-1, Shastri Bhawan, New Delhi - 110 001.

4.The Director, Kancheepuram, Melakottaiyur, 5.The Director General (Works), CPWD, A Wing, Room No.101, Nirmal Bhavan, New Delhi - 110 001.

6.The Chief Engineer (SZ), CPWD, Rajaji Bhawan, Chennai - 600 090.

7.The Project Manager, Kancheepuram Project Circle, CPWD, Melakottaiyur Village, Vandalur-Kelambakkam Road, 8.The Executive Engineer, Kanchipuram Project Division II, CPWD, Melakottaiyur, Chennai - 600 127. Respondents in both W.Ps. Prayer in W.P.No.16450 of 2018: Petition filed under Article 227 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the entire records of the 3rd respondent which culminated in its proceedings F.No.48-3/2017-TS1 dated 02.04.

2018 and to quash the same as arbitrary, illegal and unsustainable and further direct the respondents 1 to 3 herein to release funds to the 4th respondent for the entire construction undertaken by it at IIITDM, Kancheepuram to enable the 4th respondent to release funds to respondents 5 to 8 in order to enable them to pay the above mentioned certified and admitted bills to the petitioner and meet their obligations under the contract in Agreement No.2/KPDII/201415. Prayer in W.P.No.

16451 of 2018: Petition filed under Article 227 of Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 herein to release funds to the respondents 4 to 8 for the entire construction undertaken by the petitioner at IIITDM, Kancheepuram to enable the respondents 4 to 8 to make payment due and payable to the petitioner herein under RA Bills 6 to 8 already duly certified for payments to meet their statutory obligations under the contract as per the terms and conditions of Agreement No.1/KPDII/2015-16.

For Petitioner : Mr.K.Surendranath in both W.Ps.

For Respondents : Mr.K.S.Jeyaganeshan in both W.Ps.

for RR1 to 3 and 5 to 8 M/s.Menon, Karthik, Mukundan & Neelakantan for R4 COMMON ORDER These writ petitions are heard through Video-Conference on account of COVID-19 pandemic situation.

2. The learned counsel appearing for the petitioner has already submitted a memo dated 17.08.2020 seeking withdrawal of these writ petitions.

3. In view of the memo dated 17.08.2020, these writ petitions are dismissed as withdrawn. No costs. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar gg/rsi To 1.The Secretary, (Finance & Expenditure), Ministry of Finance, 32, New Moti Bagh, New Delhi - 110 023.

2.The Director (Expenditure), Ministry of Finance, Department of Expenditure, Room No.76, North Block, New Delhi - 110 001.

3.The Secretary, Ministry of Human Resourcess and Development, Department of Higher Education, Technical Section-1, Shastri Bhawan, New Delhi - 110 001.

4.The Director, Kancheepuram, Melakottaiyur, 5.The Director General (Works), CPWD, A Wing, Room No.101, Nirmal Bhavan, New Delhi - 110 001.

6.The Chief Engineer (SZ), CPWD, Rajaji Bhawan, Chennai - 600 090.