← Library
Madras High CourtWP(MD)/1918/2013closed

M/S The Indian Hume Pipe Co. v. Tamil Nadu Water Supply And

2022-09-26Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 and 2 of 2013 M/s.The Indian Hume Pipe Co.Ltd., Represented by its Deputy General Manager, Shri S.Arunachalam.

... Petitioner Vs.

1.Tamil Nadu Water Supply & Drainage Board, (TWAD) Board, Represented by its Managing Director, Head Office:31, Kamaraj Salai, Chepauk, Chennai-600 005.

2.The Executive Engineer, (TWAD) Board, Urban Division, No.1, Meigna Street, Near Rose Marry School, Palayamkottai, Tirunelveli-627 002.

3.The Accounts Officer, TWAD Board, Internal Audit Wing, Southern Region, Madurai.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the third respondent from adjusting any amounts from any other contracts including that of providing CWSS to Manur and 400 rural habitations including maintenance of the scheme for 12 months. For Petitioner : Mr.B.Saravanan For Respondents : Mr.R.Satheesh Standing Counsel

ORDER

The present writ petition has been filed seeking a writ of Mandamus, forbearing the third respondent from adjusting any amounts from any other contracts including that of providing CWSS to Manur and 400 rural habitations, including maintenance of the scheme for 12 months.

2. According to the petitioner, he was a Contractor for the respondents/Board and his bills are pending with the respondents/Board. However, the respondents/Board attempted to deduct certain amounts from the bill. Based upon the said apprehension, the present writ petition came to be filed.

2/5

3. After filing of the writ petition, the learned standing counsel appearing for the Board has passed on the written instructions issued by the Assistant Executive Engineer, TWAD Board to the effect that a sum of Rs.1,34,25,705/- (Rupees One Crore Thirty Four Lakhs Twenty Five Thousand Seven Hundred and Five only) (after deductions) is likely to be disbursed within a period of six (6) months. The learned counsel for the petitioner also agrees for the said amount as a full and final settlement.

4. In view of the above said facts, this Writ Petition is closed recording the fact that the respondents agree to disburse the said amount of Rs.1,34,25,705/- (Rupees One Crore Thirty Four Lakhs Twenty Five Thousand Seven Hundred and Five only) on or before 31.03.2023. No costs. Consequently, connected Miscellaneous Petitions are closed.

26.09.2022 Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The Managing Director, Tamil Nadu Water Supply & Drainage Board, (TWAD) Board, Head Office:31, Kamaraj Salai, Chepauk, Chennai-600 005.

2.The Executive Engineer, (TWAD) Board, Urban Division, No.1, Meigna Street, Near Rose Marry School, Palayamkottai, Tirunelveli-627 002.

3.The Accounts Officer, TWAD Board, Internal Audit Wing, Southern Region, Madurai.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

26.09.2022 5/5