Abirami & Co., v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.30227 of 2016 Abirami & Co., Engineering & Contracting, Rep. by its Managing Partner C.Kalliappan Amaravathi Street, 5 Roads, Salem - 4.

...Petitioner

Vs.

1.Government of Tamil Nadu, Rep. by Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3.The Commissioner, Salem City Municipal Corporation, Salem District.

...Respondents

Prayer: This writ petition filed under Article 226 of the Constitution of India, to issue a writ particularly in the nature of a writ of Mandamus, directing the respondents to pay a sum of Rs.10,08,000/- to the petitioner and consequently direct the respondents to pay along with 18% interest per annum on the delayed payment from the year 2007 onwards to till date within limited time frame.

For Petitioner : Mr.A.Esakkiappan For Respondents : Mr.S.Diwakar Special Government Pleader

ORDER

Heard Mr.A.Esakkiappan, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Special Government Pleader appearing for the respondents.

2.The petitioner being a Contractor has filed the present writ petition seeking a specific sum.

3.The learned Special Government Pleader, on instructions, would submit that the petitioner did partial work but did not turn up for undertaking the process of measurement though he gave a reply stating that he would come later in view of his sickness, but did not turn up thereafter. A representation was given for the first time in the year 2011. He would further submit that if the petitioner comes for completing the process of measurement, the needful would be done.

4.Considering the said submission, the petitioner is at liberty to approach the third respondent to complete the process of measurement. Thereafter, the third respondent shall take appropriate action to do the needful. The entire exercise will have to be done within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cse To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3.The Commissioner, Salem City Municipal Corporation, Salem District.

+1cc to Mr.A. Esakkiappan, Advocate, S.R.No.22144 +1cc to Mr.S. Diwakar, Advocate, S.R.No.21512 +1cc to the Government Pleader, S.R.No.22111 NR(CO) md(21/04/2017) W.P.No.30227 of 2016