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Madras High CourtWP/28535/2022disposed of with direction

M/S.N.R.Constructions v. The Secretary To Government

2025-10-10Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M/s.N.R.Constructions Rep. by its sole Proprietor Tmt N.Rajeswari PWD Contractor, No.29, Maducarai Road, Madagadipet & Post, Puducherry - 605 107.

... Petitioner Vs.

1 The Secretary to Government, Government of Union Territory of Puducherry, 2 The Chief Engineer, Public Work Department, Government of Puducherry, 3 The Superintending Engineer Circle-1, 4 The Executive Engineer Buildings and Roads (South) Division, Public Works Department, Puducherry Dr.Ambedkar Salai, Puducherry - 605 001.

5 The Assistant Engineer Buildings and Roads (South) Division V, Public Works Department, Puducherry.

... Respondents 1/6

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to settle and pay the amount of Rs.9,99,000/- with interest at the 18% from the date of completion of work i.e., Feb 2016 for due execution and completion of the work viz., Special repairs and improvements to the toilet and internal rooms including construction of sumps and septic tank at type II staff quarters (1-6 Units) at Kattukuppamn sub-station, Electricity Department in Bahour Commune, Puducherry on nomination basis with interest vide I.D.Note of the Assistant Engineer, Building & Roads (South) Division V Public Works Department, Puducherry dated 26.08.2015.

For Petitioner : Mr.N.Thiagarajan For Respondents : Mr.M.Nirmal Kumar Government Advocate (P)

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondents to settle and pay the amount of Rs.9,99,000/- with interest at the rate of 18% from the date of completion of work i.e., February, 2016 for due execution and 2/6

completion of the work viz., special repairs and improvements to the toilet and internal rooms including construction of sumps and septic tank at type II staff quarters (1-6 Units) at Kattukuppam sub-station, Electricity Department in Bahour Commune, Puducherry, on nomination basis with interest vide I.D.Note of the Assistant Engineer, Building & Roads (South) Division V Public Works Department, Puducherry dated 26.08.2015.

2.The learned counsel appearing for the petitioner submitted that even after completion of the contract works awarded by the respondents, the respondents have not settled the entire amount to the petitioner.

3.The learned Government Advocate (P) appearing for the respondents submitted that during the pendancy of this writ petition, the entire amount was settled to the petitioner on 25.09.2024. Hence, the relief sought for in this writ petition has become infructuous. 4.At this juncture, the learned counsel appearing for the petitioner submitted that the respondents have only settled a sum of Rs.9 Lakhs and the balance Rs.99,000/- along with interest have to be 3/6

settled by the respondents. Hence, this Court may, without going into the merits of the case, grant liberty to the petitioner to work out the remedy either before the competent Civil Court or before the Arbitration Tribunal.

5.Considering the limited request now made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to work out the remedy in the manner known to law. 6.This writ petition is disposed of. No costs. 10.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Secretary to Government, Government of Union Territory of Puducherry, 2 The Chief Engineer, Public Work Department, Government of Puducherry, 4/6

3 The Superintending Engineer Circle-1, 4 The Executive Engineer Buildings and Roads (South) Division, Public Works Department, Puducherry Dr.Ambedkar Salai, Puducherry - 605 001.

5 The Assistant Engineer Buildings and Roads (South) Division V, Public Works Department, Puducherry.

5/6

M.DHANDAPANI,J.

pri 10.10.2025 6/6