M/S. Ek Infrastructure Private Limited v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20386 of 2023 M/s EK Infrastructure Private Limited Represented by its Authorised Signatory T.Rajeev SY.No.153/5, Ravi Main Road, Vadakkapattu Main Road Medavakkam, Chennai 600 100.

...Petitioner

Vs.

The Commissioner Coimbatore City Municipal Corporation, Townhall, Coimbatore 641 001.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider and pass appropriate order on the representation of the petitioner dated 16.12.2022 wherein a request has been made for considering the payment of price variation arising out of Diesel price escalation for the Tipper lorries which were engaged on contract basis for the collection of municipal solid waste in various zones of the respondent corporation in so far as the contracts executed by the petitioner company.

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For Petitioner : M/s.Ganesh and Ganesh For Respondents 1 &2 : Mr.N.Velmurugan Standing Counsel(Coimbatore Corporation)

O R D E R

The petitioner seeks a direction to the respondent to consider and pass orders on the representation of the petitioner dated 16.12.2022.

2. According to the petitioner company, the respondent corporation had issued Work Orders to M/s.Vardhan Infrastructure for carrying out certain works relating to solid waste management. The said Vardhan Infrastructure came to be merged with the petitioner company. The petitioner company submitted a representation to the respondent dated 16.12.2022 to process all kinds of payments in favour of the petitioner by taking into consideration the diesel cost escalation during the extended period of the work.

3. The main grievance of the petitioner is that the representation of the petitioner dated 16.12.2022 has not been considered by the respondent on merits till today.

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4. Mr.N.Velmurugan, learned Standing Counsel(Coimbatore Corporation) takes notice for the respondent corporation and submits that the representation of the petitioner would be considered on merits.

5. In view of the limited prayer made by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, this Court inclined to issue a direction to the respondent to consider the representation of the petitioner dated 16.12.2022 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs.

18.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order 3/4

: Yes/No nr S.SOUNTHAR , J.

nr To The Commissioner Coimbatore City Municipal Corporation, Townhall, Coimbatore 641 001.

W.P No.20386 of 2023 18.07.2023 4/4