M/S.Harrsha Infra Cons Private Limited v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M/s Harrsha Infra Cons Private Limited Represented by its Mr. Y. Nirmal Assistant Manager, No. 258/4A, 6th Street, Z Block, Anna Nagar, Chennai - 600 040 ... Petitioner vs.

The Commissioner Coimbatore City Municipal Corporation, Townhall, Coimbatore 641001 ... Respondent PRAYER: Writ Petition is 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 Company dated 16.09.2022 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.

For Petitioner : M/s.Ganesh and Ganesh For Respondent : Mr.Najeeb Usman Khan Standing Counsel

O R D E R

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The petitioner herein seeks a direction to the respondent to consider its representation dated 16.09.2022 for drain cleaning contract labour work, within a period fixed by this Court.

2. According to the petitioner, it is a registered Class-I Contractor with the Respondent-Corporation and it was issued with Work Orders for supplying manpower to handle Drain Contract Cleaning and Sanitation Works in various wards. The period of contract as per the Work Orders is already over and the petitioner was permitted to continue the contract till the selection of successor contractor. The petitioner paid enhanced salary to the labours in respect of the extended period as per the recommendation of the Committee. However, the payment for the petitioner was made only as per the rates quoted in the contract. In this regard, the petitioner submitted a representation dated 16.09.2022 seeking enhancement of 15% for the payment made to 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.Najeeb Usman Khan, learned Standing Counsel takes notice for 2/4

the respondent and on instructions, submitted that the representation of the petitioner dated 16.09.2022 will be considered on merits and in accordance with law.

4. In view of the stand taken by the learned Standing Counsel appearing for the Respondent-Corporation, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to direct the respondent to consider the representation of the petitioner dated 16.09.2022 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.

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

26.09.2023 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To The Commissioner Coimbatore City Municipal Corporation, Townhall, Coimbatore 641001 26.09.2023 4/4