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Madras High CourtWP/49867/2025disposed of

Vva Water Supply v. The Commissioner Of Municipal Administration

2026-04-15Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.No.55745 of 2025 VVA Water Supply Co., represented by its Proprietor, M.Kalapana, Regd.Office, No.400, LIG 2, TNHB, Avadi, Chennai-600 054.

..Petitioner Vs

1. The Commissioner of Municipal Administration, Urban Administrative Building, Santhome High Road, MRC Nagar, Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Avadi City Municipal Corporation, New Military Road, Avadi, Chennai - 600 054.

3. The Municipal Engineer, Avadi City Municipal Corporation, New Military Road, Avadi, Chennai-600 054.

..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records in the proceedings Na.Ka.No.7551/2021/E2 dated 28.07.2025 on the file of the third respondent, to quash them as illegal, incompetent and without jurisdiction and further direct the respondents to disburse the admitted dues amounting to Rs.1,81,74,420/-(Rupees One Crore Eighty One Lakhs Seventy Four Thousand

Four Hundred and Twenty only) being the sum lawfully due to the petitioner along with the interest till date and for consequential orders For Petitioner :

Mr.Vishnu. VR For Respondents :

Dr.T.Seenivasan, Special Government Pleader [R1] Mr.RA.Gopinath Standing Counsel [R2 & R3] *****

ORDER

This writ petition has been filed challenging the impugned order dated 28.07.2025 passed by the second respondent rejecting the petitioner's request for payment of the dues for the transport of water performed by the petitioner for the second respondent.

2. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that it is a nonspeaking order with regard to the petitioner's claim. According to the petitioner, arbitrarily and based on irrelevant materials, the second respondent has rejected the petitioner's claim. According to the petitioner, having succeeded in the writ petition, the respondents ought to have allowed the claim of the petitioner.

3. A counter has been filed by the second respondent disputing the contentions of the petitioner. According to the second respondent, the documents submitted by the petitioner are bogus documents and the petitioner is not entitled for the claim amount.

4. As seen from the impugned order, the contentions of the petitioner as raised in this writ petition, have not been considered by the second respondent. No opportunity of hearing was also granted to the petitioner by the second respondent before passing the impugned order.

5. No prejudice would be caused to any other parties if the claim of the petitioner is reconsidered by the second respondent after giving due consideration to the supporting documents produced by the petitioner and after granting one personal hearing to the petitioner. This Court is not expressing any opinion on the merits of the respective contentions.

6. Being a non-speaking order with regard to the petitioner's contentions and an order passed in violation of principles of natural justice, the impugned order dated 28.07.2025 passed by the second respondent is hereby quashed and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law. The petitioner is directed to submit a written explanation to the second respondent as to how the petitioner is entitled for the claim amount along with the supporting documents within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the said written explanation along with the supporting documents from the petitioner within the stipulated time, the second respondent shall pass final orders on merits and in accordance with on the petitioner's representation seeking for the

ABDUL QUDDHOSE, J.

gm claim amount after giving due consideration to the supporting documents produced by the petitioner and after giving due consideration to the written explanation submitted by the petitioner and also after affording one personal hearing to the petitioner, within a period of twelve (12) weeks thereafter. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 15-04-2026 Index: Yes/No Speaking/Non-speaking order gm To 1.The Commissioner of Municipal Administration, Urban Administrative Building, Santhome High Road, MRC Nagar, Annamalaipuram, Chennai - 600 028.

2.The Commissioner, Avadi City Municipal Corporation, New Military Road, Avadi, Chennai - 600 054.

3.The Municipal Engineer, Avadi City Municipal Corporation, New Military Road, Avadi, Chennai-600 054.