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Madras High CourtWP/26850/2023disposed of

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

2023-09-13Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26850 of 2023 M/s.EK Infrastructure Pvt Ltd., Rep.by its Authorised Signatory Mr.T.Rajeev Reg.Office at No.153/5 Ravi Main Road, Near Ponniyamman Kovil Vadakkupatu Main Road, Medavakkam Chennai 600 100.

...Petitioner

Vs.

The Commissioner Coimbatore City Municipal Corporation Big Bazar Street, Townhall Coimbatore 641 001.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider and pass appropriate orders on the representation of the petitioner's company dated 21.09.2022 wherein a request has been made for hike in rates for the drain cleaning contract labour work, within a reasonable time frame as fixed by this Court.

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For Petitioner : Mr.Ganesh For Respondent : Mr.N.Umapathi Standing Counsel

O R D E R

The petitioner herein seeks a direction to the respondent to consider the representation of the petitioner dated 21.09.2022 and pass final orders on the representation of the petitioner seeking hike in the rates for the drain cleaning contract labour work, within a reasonable time frame fixed by this Court.

2. According to the petitioner, he is a registered Class-I Contractor for supplying man power for drain cleaning and sanitation works in the various places in Coimbatore Municipality, for a period ranging from three months to one year. Even after expiry of the contract period, the contract with the petitioner was extended for further period till a new contractor is appointed. The petitioner paid enhanced salary to the labours in respect of the extended period as per the recommendation of the committee. However, the 2/4

payment for the petitioner was made only as per the rates quoted in the contract. In this regard, the petitioner submitted a representation on 21.09.2022 seeking enhancement of 15% for the payment made by the petitioner in respect of the extended period and the same has not been considered by the respondent till date. Therefore, the petitioner is before this Court.

3. Mr. N.Umapathi, learned Standing Counsel appearing for the respondent, on instruction, submitted that the representation of the petitioner will be considered on merits in accordance with law.

4. In view of the stand taken by the learned counsel for the respondent corporation, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the respondent to consider the representation of the petitioner dated 21.09.2022 and pass final orders on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order. 3/4

S.SOUNTHAR , J.

dna

5. With the above direction, this Writ Petition is disposed of. No costs.

13.09.2023 Index : Yes/No Internet : Yes/No : Yes/No dna To The Commissioner Coimbatore City Municipal Corporation Big Bazar Street, Townhall Coimbatore 641 001.

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