S.Mahadevan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25761 of 2023 S. Mahadevan

...Petitioner

Vs.

1. The Commissioner, Ripon Buildings,

2. The Superintending Engineer, Bus Route Roads Department, Amma Maaligai,

3. The Assistant Commissioner, Zone - 2, Paadasalai Street, Manali, Chennai - 600 068.

4. The Assistant Commissioner, Zone - 3, No.1, Thattankulam Road, Chennai - 600 060.

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5. The Assistant Commissioner, Zone - 4, No.266, TH Road, Chennai - 600 021.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus or order or direction, directing respondents 1 and 2 to consider the representation of the petitioner dated 14.08.2023 by processing the agreements for the works mentioned in the representation of the petitioner immediately and make all the payments for the works executed by the petitioner under the respondents 3 to 5 with interest. For Petitioner : Mr.S.Doraisamy For Respondents : Mr.A.S.Ragul Adhithya for Mrs.P.T.Ramadevi Standing Counsel for GCC.

O R D E R

The petitioner herein seeks a direction to the respondents 1 & 2 to consider his representation dated 14.08.2023 and process his request for payment of amount due to the petitioner for the works already executed. 2/6

2.It is the case of the petitioner that he is a Class I Contractor and he has been doing contract work for the respondent Corporation and Highways Department for the past 10 years. The petitioner had participated in various tenders flout by the respondents 3 to 5 during the period 2021 to 2023 and the petitioner is the L1 bidder in respect of all the works. The works awarded to the petitioner are completed within the time period mentioned in the tender conditions. Though the petitioner completed all the works within the time stipulated as per the tender conditions, till date he has not received any payment for the works already completed. Therefore, the petitioner submitted a representation to the respondents 1 & 2 on 14.08.2023, requesting them to process his request for payment and the same has not been considered. 3.Mr.A.S.Ragul Adhithya, learned counsel for Mrs.P.T.Ramadevi, learned Standing Counsel for GCC, on instructions, submits that if the petitioner submits the copies of the bills and vouchers, his request will be processed within a period of three months.

4.Having regard to the fact that the works awarded to the petitioner are relating to laying of interior roads during the period 2021 to 2023 and all the 3/6

works are said to have been completed by the petitioner within the time, this Court is inclined to issue a direction to the petitioner to produce the copies of the bills and vouchers to the concerned Assistant Commissioner of the respective Zone within a period of one week from the date of receipt of copy of this order. The 2nd respondent is further directed to consider the request of the petitioner for payment on the basis of the bills and vouchers within a period of ten weeks from the date of submission of bills and vouchers by the petitioner.

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

01.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti/shl To

1. The Commissioner Greater Chennai Corporation Ripon Buildings, 4/6

2. The Superintending Engineer, Bus Route Roads Department, Amma Maaligai,

3. The Asssitant Commissioner Zone - 2, Paadasalai Street, Manali, Chennai - 600 068.

4. The Assistant Commissioner Zone - 3, No.1, Thattankulam Road, Chennai - 600 060.

5. The Assistant Commissioner, Zone - 4, No.266, TH Road, Chennai - 600 021.

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S.SOUNTHAR , J.

nti/shl W.P No.25761 of 2023 01.09.2023 6/6