Madras High CourtWP/40513/2016dismissed

Builders Association Of India, v. The Government Of Tamil Nadu

2016-11-18Honourable Mr Justice B. Rajendran10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.40513 of 2016 and W.M.P.No.34546 of 2016 Builders Association of India Tamil Nadu/Puducherry/Andaman Nicobar Islands, Flat No.3, New Door No.5, Vidyodaya Main Road, T.Nagar, Chennai - 600 017.

Rep. by its State Chairman, Er.M.Thirusangu ... Petitioner

Versus

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Public Works Department, Fort St. George, Chennai - 600 009.

2. The Government of Tamil Nadu, Rep. by its Secretary to Government, Highways Department, Fort St. George, Chennai - 600 009.

3. The Chief Engineer (H) Construction and Maintenance, HRS Complex, Guindy, Chennai - 600 032.

4. The Superintending Engineer (H) Chennai Circle, No.299, Anna Salai, Chennai - 600 006.

5. The Superintending Engineer (H) Elies Chatram Road, Vazhureddy, Villupuram - 605 401.

6. The Superintending Engineer (H) TVS Tollgate, Tiruchirapalli - 20.

7. The Superintending Engineer (H) Steel Plant Main Road, Opp. To P.C.C. Kalyana Mandapam, Jahir, Ammapalayam, Salem - 636 302.

8. The Superintending Engineer (H) C & M Circle, No.1653, Trichy Road, Coimbatore - 18.

9. The Superintending Engineer (H) Alagarkoil Road, Madurai - 625 001.

10.The Superintending Engineer (H) No.67, Kumaran Salai, Tirupur.

11.The Superintending Engineer (H) C & M Circle, P.B.No.149, Tirunelveli - 627 002.

12.The Divisional Engineer, Chennai City Road, No.394/4, Anna Salai, Chennai - 600 015.

13.The Divisional Engineer, No.155/17, Jawaharlal Nehru Road, Tiruvallur 602 001.

14.The Divisional Engineer, No.2A, Periyar Nagar, Chengalpet.

15.The Divisional Engineer, 2nd Floor, B Block, Collectorate Building, Sathuvachery, Vellore.

16.The Divisional Engineer, Highways, Periyar Nagar, Pudur Post, Vaniyampadi.

17.The Divisional Engineer, No.214, Tindivanam Salai, Navakari, Thiruvannamalai - 606 601.

18.The Divisional Engineer, No.86, Bungalow Street, Cheyyar - 604 407.

19.The Divisional Engineer, Trichy Road, Villupuram.

20.The Divisional Engineer, Kachirapalayam Road, Traveller Bungalow Compound, Kallakurichi 606 202.

21.The Divisional Engineer, No.46, Beach Road, Cuddalore - 607 001.

22.The Divisional Engineer, TB Campus, Thirumangalam, Perambalur.

23.The Divisional Engineer, C & M Highways Department, No.31K Trichy Road, Ariyalur.

24.The Divisional Engineer, TVS Tollgate, Tiruchirapalli.

25.The Divisional Engineer, C & M, Highways department, No.102, Perundhurai Road, Moolapalayam, Erode -2.

26.The Divisional Engineer, No.6, North Pradhakshnam Road, T.B.Compound, Karur - 639 001.

27.The Divisional Engineer, A.R.Line Road, Tirunelveli - 627 002.

28.The Divisional Engineer, No.322A, Railway Feeder Road, Tenkasi.

29.The Divisional Engineer, Dharmapuri.

30.The Divisional Engineer, Marudhupandiyar Nagar, Collectorate Complex, Sivagangai.

31.The Divisional Engineer, Panagal Building, Thanjavur 1.

32.The Divisional Engineer, Thanjai Salai, Thiruvarur - 610 001.

33.The Divisional Engineer, No.1426, Trichy Main Road, Thirukokarnam Post, Pudukottai 622 002.

34.The Divisional Engineer, Chokkanathar Koil Street, Poonga Nagar, Palpannaicherry, Nagapattinam 611 003.

35.The Divisional Engineer, Omalur Main Road, Opp. National Hotel, Salem - 636 007.

36.The Divisional Engineer, C & M Highways Department, No.5, Mohanur Road, Namakkal.

37.The Divisional Engineer, Londonpet, Krishnagiri.

38.The Divisional Engineer, Trichy Road, Coimbatore - 18.

39.The Divisional Engineer, Thoothukudi Ettayapuram Road, Polpettai, Thoothukudi 2.

40.The Divisional Engineer, Madurai Road, Virudhunagar.

41.The Divisional Engineer, PWD Compound, Nagercoil - 629 001.

42.The Divisional Engineer, Theni - 625 531.

43.The Divisional Engineer, TB Compound, Ramanathapuram.

44.The Divisional Engineer, Kumaran Nagar, Tirupur - 641 601.

45.The Divisional Engineer, No.21, Alangiyam Salai, Dharapuram.

46.The Divisional Engineer, CTC Medu, Pollachi 642 002.

47.The Divisional Engineer, TB Compound, Sathy Main Road, Gobichettipalayam.

48.The Divisional Engineer, P.B.No.28, Bombay Castle, Uthagamandalam 643 001.

49.The Divisional Engineer, Dindigul.

50.The Director General, Highways Department HRS Complex, Guindy, Chennai - 600 032.

... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus, to call for the records of the 3rd respondent herein relating to the letter No.11103/Contracts-1/2016-5 dated 17.10.2016 and quash the same and consequently direct the respondents herein to calculate the price variation/price adjustment keeping the date on which the agreement was entered into as the base date in respect of cases where the agreement was signed by the members of the petitioner association as per the list enclosed along with this writ petition beyond the specified date.

For Petitioner :

Mr.A.R.L.Sundaresan, Senior Counsel for Mrs.A.L.Gandthimathi For Respondents :

Mr.C.Manisankar, Additional Advocate General assisted by Mr.A.Kumar, Special Government Pleader

ORDER

Since the petitioner is an Association, as per the decision reported in (Formation of Indian Network Marketing Association, rep. By its President vs. M/s. Apple FMCG Marketing Pvt Ltd., rep. By its Chief Executive Officer and others) (2005) Writ Law Reporter 321 and (Tamilaga Asiriyar Kootani, rep. By the General Secretary V. Annamalai vs. The Government of Tamil Nadu, rep. By its Secretary to Government, School Education Department, Chennai - 9 and others) 2005 Writ Law Reporter 389, the relief sought for by the petitioner in this writ petition cannot be granted. However, if any individual member of the petitioner association is in any way affected by the order passed by the third respondent, it is open to such member to approach this Court. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ogy To

1. The Secretary to Government, Public Works Department, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Highways Department, Fort St. George, Chennai - 600 009.