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Madras High CourtWP/43414/2016dismissed as infructuous

M/S.T.Kolandaivelu & Co., v. State Of Tamil Nadu

2021-12-23Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.43414 to 43416 of 2016 and W.M.P.Nos.37271 to 37273 of 2016 M/s.T.Kolandaivelu & Co., No.18, K.A.S.Garden, Perumal Malai Road, Narasothipatty, Salem - 4, Rep.by its Managing Director, T.Kolandaivelu.

... Petitioner in all W.Ps Vs

1. State of Tamil Nadu, Rep.by its Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2. The Chief Engineer, Highways (C & M), Guindy, Chennai - 600 025.

3. The Superintending Engineer, Highways, C&M Circle, Salem - 302.

4. The Divisional Engineer, Highways (C&M), Salem Division, Salem - 302.

...Respondents in all W.Ps

Prayer in W.P.No.43414 of 2016 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed in Lr.No.Works/2014-15/A1 dated 18.10.2016 on the file of the 4th respondent, quash the same and direct the 4th respondent to refund a sum of Rs.66,46,313/- which was recovered under the price adjustment mechanism for the work executed by the petitioner as per the work order in T.R.P. 90/201415/E.Va.A-2/dated 27.11.2014 on the file of the 3rd respondent. Prayer in W.P.No.43415 of 2016 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the

order passed in Lr.No.Works/2015-16/A1 dated 18.10.2016 on the file of the 4th respondent, quash the same and direct the 4th respondent to refund a sum of Rs.56,70,494/- which was recovered under the price adjustment mechanism for the work executed by the petitioner as per the work order in T.R.P. 90/201415/E.Va.A-2/dated 27.11.2014 on the file of the 3rd respondent. Prayer in W.P.No.43416 of 2016 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed in Lr.No.Works/2015-16/A2 dated 18.10.2016 on the file of the 4th respondent, quash the same and direct the 4th respondent to refund a sum of Rs.69,17,556/- which was recovered under the price adjustment mechanism for the work executed by the petitioner as per the work order in T.

R.P.145/201516/E.Va.A-2/dated 30.11.2015 on the file of the 3rd respondent. For Petitioner : Mr.V.Elangovan [in all W.Ps] For Respondents : Mr.T.Venkatesh Kumar Special Government Pleader [For R1 to R4] [in all W.Ps] COMMON ORDER The learned counsel for the petitioner, through VideoConferencing mode, made a submission that the cause aroused for the purpose of filing the present writ petitions became vanished. Thus, no further adjudication is required.

2. Recording the above said submission of the learned counsel for the writ petitioner, all the three Writ Petitions stand disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kak

To

1. The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2. The Chief Engineer, Highways (C & M), Guindy, Chennai - 600 025.

3. The Superintending Engineer, Highways, C&M Circle, Salem - 302.

4. The Divisional Engineer, Highways (C&M), Salem Division, Salem - 302.

+1cc to the Government Pleader, S.R.No.69851 W.P.Nos.43414 to 43416 of 2016 SSI[co] NSK 12/01/2022