Class I Contractor Welfare Association v. State Of Tamilnadu, Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. No.24733 of 2021 Class I Contractor Welfare Association, Registration No.112/2021, Now at No.52, Kumaraswamy Nagar, Sivasakthi Main Road, Chikkarapuram, Chennai - 600 069.
Rep. by its President Sen Varghese.
... Petitioner Vs 1.State of Tamil Nadu, rep. by its Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.The Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 600 028.
3.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
4.The Director, Tamil Nadu Water Supply & Drainage Board, 4th Floor, No.3, Kamarajar Salai, PWD Estate, Chepauk, Chennai - 600 005.
5.The Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.75, Santhome High Road, M.R.C. Nagar, R.A.Puram, Chennai - 600 028.
... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the representation of
the petitioner dated 15.09.2021 by introducing the payment clause viz: "that payments shall be adjusted for deductions for advance payments, retention, other recoveries in items of the contract and taxes at source, as applicable under the law, The Employer shall pay the Contractor the amounts certified by the Engineer within 28 days of the date of each certificate. If the Employer makes a later payment, the contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at 12% per annum". which is available in the tender condition issued by the National Highways Department, Tamil Nadu and National Highways Authority of India (NHAI) and include the above clause in all the tender documents in future tenders by the respondents.
For Petitioner : Mr.V.Elangovan For Respondents 1, 2 & 4 : Mr.NRR.Arun Natarajan Special Government Pleader For 3rd respondent : Mrs.P.T.Ramadevi For 5th Respondent : Mr.G.Vivekanand
ORDER
The prayer sought for herein is a writ of mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 15.09.2021 by introducing the payment clause viz: "that payments shall be adjusted for deductions for advance payments, retention, other recoveries in items of the contract and taxes at source, as applicable under the law, The Employer shall pay the Contractor the amounts certified by the Engineer within 28 days of the date of each certificate. If the Employer makes a later payment, the contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at 12% per annum" which is available in the tender condition issued by the National Highways Department, Tamil Nadu and National Highways Authority of India (NHAI) and include the above clause in all the tender documents in future tenders by the respondents.
2. The petitioner is Class 1 Contractor Welfare Association which is a registered Association. It espoused a
cause that if the payment is to be reimbursed, interest of 12% per annum to be paid for the late payment by the principal employer to the contractor.
3. This kind of system they want to introduce in all works being given by way of tender to various contractors likely members of the petitioner Association and in this regard, they have given a detailed representation on 15.09.2021 to the 2nd respondent.
4. Mr.V.Elangovan, learned counsel appearing for the petitioner would submit that, all that the petitioner wants to give a direction to the respondents, especially the 2nd respondent to consider and decide the plea raised by the petitioner in the said representation dated 15.09.2021 within a time frame and in that case the petitioner would be satisfied.
5. Heard Mr.NRR.Arun Natarajan, learned Special Government Pleader appearing for respondents 1, 2 and 4, who on instruction, would submit that, the said plea raised by the petitioner is not feasible for compliance. Any how, since it is a representation submitted in this regard dated 15.09.2021 and the petitioner also wants the representation to be considered and a disposal to be given therein on merits within a time frame, certainly, the said representation would be considered and disposed of on merits within a time frame that may be stipulated by this Court.
6. Considering the limited prayer sought for by the petitioner in this writ petition, this Court is inclined to dispose of this writ petition with the following direction: There shall be a direction to the 2nd respondent to consider the representation of the petitioner dated 15.09.2021 and pass orders thereon on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
7. With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Sgl
To 1.Principal Secretary to Government, State of Tamil Nadu, Public Works Department, Secretariat, Chennai - 600 009.
2.The Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 600 028.
3.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
4.The Director, Tamil Nadu Water Supply & Drainage Board, 4th Floor, No.3, Kamarajar Salai, PWD Estate, Chepauk, Chennai - 600 005.
5.The Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No.75, Santhome High Road, M.R.C. Nagar, R.A.Puram, Chennai - 600 028.
6.The Government Advocate, High Court, Madras.
+1cc to Mr.G.Vivekanandan, Advocate SR.No.59879 +1cc to Mr.S.Doraisamy, Advocate SR.No.59340 +1cc to the Government Pleader SR.No.60040 W.P.No.24733 of 2021 PA(CO) GN(01/12/2021)