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Madras High CourtWP/2274/2020disposed of

P.Selvaraj v. The Managing Director

2023-04-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P. Selvaraj ...

Petitioner Vs

1. The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Executive Engineer, TWAD Board, RWS Division, Karur.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to release the payment due to the petitioner to the tune of Rs.95,589/- in respect of Agreement No.38/2010-2011/TWAD, dated 02.07.2010 together with interest at the rate of 6% per annum.

For Petitioner : Mr.K.S. Viswanathan For Respondents : Ms.S. Shahila Banu, Standing Counsel for R1

ORDER

This writ petition has been filed seeking for a Mandamus directing the respondents to release the payment due to the petitioner to the tune of Rs.95,589/- in respect of Agreement No.38/2010-2011/TWAD, dated 02.07.2010 together with interest at the rate of 6% per annum.

2. The grievance of the petitioner is that even though he has executed the work awarded to him viz., Annual maintenance of CWSS to 50 habitations in Thanthoni Union of Karur District, as early as in the year 2011, the respondents are still due to the sum of Rs.95,589/- to the petitioner.

3. The learned counsel for the petitioner submitted that already similar request made by another contractor has been considered by this Court in W.P. No.32864 of 2018 and an order was passed directing the 1st respondent Board to release the withheld amount within a period of four months with simple interest at the rate of 6% per annum. A copy of the order dated 05.02.2019 has also been produced. Accordingly, learned counsel prays that this Court may direct the respondents to release the

amount to the petitioner, as has been given in the other writ petition filed in W.P. No.32864 of 2018 within a time frame to be fixed by this Court.

4. Learned counsel for the respondents submit fairly concedes that such an order has been passed in W.P. No.32864 of 2018.

5. Accordingly, in view of the fair submissions made by the learned counsel on either side, following the order passed in W.P. No.32864 of 2018, this writ petition is disposed of directing the respondents to pay the amount along with simple interest at 6% p.a., to the petitioner within a period of four months from the date of receipt of a copy of this order. No costs.

10.04.2023 Index: Yes/ No Speaking order / Non speaking order vsi2

M.DHANDAPANI, J.

vsi2 To

1. The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Executive Engineer, TWAD Board, RWS Division, Karur.

10.04.2023