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Madras High CourtWP/32851/2019disposed of

K.Vishwanath v. The Secretary Govt Of Tamil Nadu

2024-01-03Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Vishwanath ... Petitioner -vs1. The Secretary, Government of Tamil Nadu, Industries Department, Fort St. George, Chennai - 600 009.

2. The Souther Structural Limited, Represented by its Managing Director, Registered Office: CTH Road (Chennai - Thiruvallur High Road), Pattabiram, Chennai - 600 072.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider the Petitioner's representations dated 26.11.2012, 28.11.2013, 27.06.2018 to finalization of accounts pertaining to all the three individual projects, viz., 1200 MS PIPE Metro Project, KSEB Pentock Project, CMWSSB Kannappar Thidal and Triplicane Project, in accordance with law. For Petitioner :

Mr. S.Udaya Kumar For Respondents :

Mr. B.Vijay, Additional Government Pleader (for R1) No appearance (for R2) 1/4

O R D E R

Heard Mr. S.Udaya Kumar, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader appearing for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

There is no representation for the Second Respondent when the matter is called at 11.32 a.m. today.

3.

The Writ Petition has been filed for directing the First Respondent to consider the representations dated 26.11.2012, 28.11.2013 and 27.06.2018 made by the Petitioner to finalize the accounts pertaining to three individual projects, viz., 1200 MS PIPE Metro Project, KSEB Pentock Project, CMWSSB Kannappar Thidal and Triplicane Project, in accordance with law. 4.

In the Counter-Affidavit dated 15.03.2022 filed by the First Respondent it has been stated that the said representations made by the Petitioner have been disposed and payments have been made to the extent of Rs. 18,91,030/- on 2/4

03.02.2021 after the filing of the Writ Petition. Learned Counsel for the Petitioner accepts the same, but claims that the interest for delayment payment remains due and he has made an endorsement to that effect in the court record. In view of the aforesaid action taken by the First Respondent, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law. In the result, the Writ Petition is disposed with the aforesaid observations. No costs.

03.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 18.04.2024.

vjt To The Secretary to Government of Tamil Nadu, Industries Department, Fort St. George, Chennai - 600 009.

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P.D. AUDIKESAVALU, J.

vjt 03.01.2024 4/4