Madras High CourtWP(MD)/1405/2025disposed of

G. Karthikeyan v. State Of Tamil Nadu

2025-02-24Honourable Mr Justice V. Lakshminarayanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).No.995 of 2025 G.Karthikeyan .. Petitioner Vs.

1.State of Tamil Nadu, Represented by its Principal Secretary to Government, Water Resources Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Engineer-in-Chief (WRD), Water Resources Department, PWD Estate, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.Head Deafting Officer, Water Resources Department, PWD Estate, Kamarajar Salai, Chepauk, Chennai - 600 005.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 06.01.2025 passed by the 2nd and 3rd respondents by returning the petitioner's application in application No.TN-1672025010400131

and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary and consequently, direct the 2nd and 3rd respondents to process the petitioner's application for contractor registration and grant approval for registration. For Petitioner : Mr.M.Vivek Bharathi For Respondents : Mr.A.Kannan Additional Government Pleader for Mr.G.Suriyananth Additional Government Pleader

ORDER

This Writ Petition is filed challenging the impugned order passed by the 2nd and 3rd respondents dated 06.01.2025, by returning the petitioner's application in Application No.TN-1672025010400131 and consequently, direct the 2nd and 3rd respondents to process the petitioner's application for contractor registration and grant approval for registration.

2. The petitioner is a contractor. He proposed to register himself as Contractor with the Water Resources Division of the Public Works Department. Hence, he presented an application to the second respondent. The said application was returned on 06.01.2025, stating that the petitioner has to enclose the audit account statement from the year 2020-2021 to 2022-2023. In addition, the second respondent also pointed out that the property having been leased to DCB Bank, it has to be released and only then, the application for

registration would be considered. Aggrieved by the same, the present Writ Petition.

3. When the matter came up for hearing on 18.02.2025, Mr.G.Suriyananth, learned Additional Government Pleader appearing on behalf of the respondents pointed out two lacunae, which stand in the way of the petitioner. They are, (i) the petitioner's brother, namely, Mr.G.Prabakaran, had not tendered his no objection for the petitioner showing this property to the second respondent; and (ii) the rental details of the DCB Bank have not been disclosed to the second respondent.

In order to enable Mr.M.Vivek Bharathi to address these issues, I adjourned the matter.

4. When I took up the matter for hearing today, I heard Mr.M.Vivek Bharathi for the petitioner and Mr.A.Kannan, learned Additional Government Pleader for the respondents.

5. Mr.M.Vivek Bharathi has produced an affidavit of Mr.G.Prabakaran, the brother of the writ petitioner, G.Karthikeyan. He has also produced a no

objection certificate together with the affidavit. The third document, he has produced, is a certificate from M/s.DCB Bank, giving the details of the lease as well as the rental amount, that is being paid to the writ petitioner.

6. Copies of these three documents have been handed over to Mr.A.Kannan. Since the demand of the second respondent, placed before this Court through the learned Additional Government Pleader has been addressed, the petitioner shall upload these documents on the website of the second respondent. On uploading these documents, the second respondent shall consider the same positively and register the petitioner, if he is otherwise eligible. The second respondent shall do the needful within a period of three (3) weeks from the date of uploading of the documents by the writ petitioner.

7. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. 24.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Principal Secretary to Government, State of Tamil Nadu, Water Resources Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Engineer in Chief (WRD), Water Resources Department, PWD Estate, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.Head Deafting Officer, Water Resources Department, PWD Estate, Kamarajar Salai, Chepauk, Chennai - 600 005.

V.LAKSHMINARAYANAN,J.

Lm 24.02.2025