Janbal Constructions v. The Principal Chief Engineer

2024:MHC:5873

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18-01-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP Nos.22473 and 22474 of 2020 JANBAL CONSTRUCTIONS, No.13/2, Pari Street, Teachers Colony, Erode-638 011 Represented by its Managing Partner Mr.C.Natarajan.

.. Petitioner -vs1.The Principal Chief Engineer, General Manager Office, Southern Railway, George Town, Chennai-600 003.

2.The Divisional Railway Manager, Palakkad Division, Southern Railway, Palakkad, Kerala.

.. Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the second respondent impugned termination order No.J/W-148/7283 dated 12.11.2020 and quash the same, consequently restraining the first respondent from blacklisting the petitioner's firm based on the termination order of the second respondent No. J/W-148/7283 dated 12.11.2020.

For Petitioner :

Mr.S.Kousik For Respondents :

Mr.P.T.Ramkumar, Standing Counsel for Railways.

O R D E R

The termination of contract invoking the conditions stipulated in the contract by the respondent-Southern Railway in proceedings dated 12.11.2020, is under challenge in the present writ proceedings.

2. The impugned order would reveal that as per the Certificate

submitted by the petitioner along with the tender document, the petitioner had violated the conditions 4,5, 6 and 8 of Annexure-V of GCC.

3. Since the petitioner had violated the conditions, the contract for the work at Shoranur-Mangalore Section was terminated in terms of provisions of Clause 11(vi)(b) of the general conditions of contract.

4. The contractual obligations between the parties reduced in writing by way of a document requires adjudication based on documents and evidences. The High Court cannot conduct a roving enquiry in respect of such contractual obligations of the parties in the present writ proceedings. Whether the petitioner has complied with the condition as stipulated in the contract subject to the satisfaction of the respondent-Southern Railway, required an elaborate consideration and therefore, the present writ proceedings in respect of such disputed facts are not entertainable. Thus, the petitioner is at liberty to approach the Competent Civil Court of Law for the purpose of effective adjudication of issues.

5. With the above liberty, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed. 18-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Principal Chief Engineer, General Manager Office, Southern Railway, George Town, Chennai-600 003.

2.The Divisional Railway Manager, Palakkad Division, Southern Railway, Palakkad, Kerala.

S.M.SUBRAMANIAM, J.

Svn WP 18086 of 2020 18-01-2024