N.Balusamy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Balusamy ... Petitioner -vs1. The Managing Director Tamil Nadu Water Supply and Drainage Board No.31, Kamarajar Road Chepauk, Chennai - 600 005.

2. The Executive Engineer Maintenance Division Tamil Nater Water Supply and Drainage Board Sengunthapuram Jayakondam Ariyalur District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to pay the admitted amount of Rs.2,19,690/- based on his representation dated 11.03.2022 along with interest at the rate of 12% per annum towards the bills for the works done by the Petitioner under the work order issued by the Second Respondent within a stipulated time as fixed by the Court. 1/5

For Petitioner : Mrs. M.E.Rani Selvam For Respondents : Mrs. S.Meghala

O R D E R

Heard Mrs. M.E.Rani Selvam, Learned Counsel for the Petitioner and Mrs. S.Meghala, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

It is the case of the Petitioner that the sum of Rs. 2,19,690/- has been withheld by the Respondents from the bills submitted by him for performance of annual maintenance of CWSS of 227 habitations in Andimadam Union, 13 wayside habitations in Jayankondam Union in Ariyalur District for the year 2010-2011 and that despite a representation dated 11.03.2022 made by him, the same has not been paid and in such circumstances, he has filed this Writ Petition for directing the Respondents to pay the said amount with interest at the rate of 12% per annum for the same.

3.

Learned Counsel for the Respondents has filed a memo dated 14.11.2022 confirming that the said amount of Rs. 2,19,690/- is available with the 2/5

Respondents. However, no reasons have been stated by the Respondents for not having released the said amount to the Petitioner in this case. It shall be incumbent upon the Respondents to make payment of the said amount of Rs. 2,19,690/- to the Petitioner under written acknowledgment on or before 15.12.2022. It is needless to add here that if the Petitioner has any other grievance including any claim for interest for delayed payment, he is not precluded working out his remedies before the proper forum in the manner recognized by law and no view has been expressed by this Court on the merits of the controversy involved in that regard.

In fine, the Writ Petition is disposed on the aforesaid terms. No costs. 14.11.2022 Maya Index: Yes/No Note: Issue order copy by 30.11.2022.

To

1. The Managing Director Tamil Nadu Water Supply and Drainage Board No.31, Kamarajar Road Chepauk, Chennai - 600 005.

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2. The Executive Engineer Maintenance Division Tamil Nater Water Supply and Drainage Board Sengunthapuram Jayakondam Ariyalur District.

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P.D. AUDIKESAVALU, J.

Maya 14.11.2022 5/5