Raja And Co., v. Southern Railway

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.21420 of 2014 and M.P.No.1 of 2014 Raja & Co., Rep. by its Managing Partner, K.T.Ramamurthy No.43, Kanagapuram Salai, Kannimarvalasu, Erode - 638 112.

.. Petitioner Vs.

1. Southern Railway, Rep. by Chief Administrative Officer, Construction, Chennai - 600 008.

2. Deputy Chief Engineer, Gauge Conversion - I, Tiruchirapalli .. Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned orders with same Reference Nos.W.148/GC/I/TPJ/LC.248 Dt. 13.06.2014 passed by the 2nd respondent and quash the same and so far the contract awarded to the petitioner vide letter in Ref.No.W.496/PBW/284/CN/Vol.III(7669) dated 20/22.01.2014, UCC:001383, for Tender Number PBW/284/III on the file of the 1st respondent and consequently direct the respondent to permit the petitioner to continue the subject work, to be completed within a reasonable time to be fixed by this court excluded the break period.

For Petitioner : Mr.R.Neelakandan For Respondent Nos.1 & 2 : Mr.P.T.Ramkumar Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

ORDER

Today, when the matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that subsequent to the filing of this writ petition, the contract was awarded to some other party and the work was also completed and hence, nothing survives for adjudication in this writ petition. However, the learned counsel prayed that the petitioner may be granted liberty to approach the authority concerned with a fresh representation claiming refund of security amount already deposited.

2.There is no serious objection on the side of the respondents for granting such relief to the petitioner. 3.In view of the above, the writ petition stands disposed of, granting liberty to the petitioner to approach the authority concerned by submitting a fresh representation with respect to refund of security amount, within a period of two weeks from the date of receipt of a copy of this order. On such approach, the authority concerned shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

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

1. Chief Administrative Officer, Southern Railway, Construction, Chennai - 600 008.

2. Deputy Chief Engineer, Gauge Conversion - I, Tiruchirapalli.

+1 cc to Mr.P.T.Ramkumar, Advocate SR.No.35093 W.P.No.21420 of 2014and M.P.No.1 of 2014 PCH(CO) CT(03/09/2021) https://hcservices.ecourts.gov.in/hcservices/