S. Sreedharan, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P(MD).No.12650 of 2014 S.Sreedharan ... Petitioner Vs.
1.The Managing Director, No.31, Kamarajar Salai, Chepauk, Chennai-5 2.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, (W.R.), Southern Region, Madurai.
3.The Superintending Engineer, Tirunelveli and Kanyakumari Circle, Urban Division, Tirunelveli.
4.The Executive Engineer, Urban Project Division, Valliyoor, Tirunelveli District.
5.The Assistant Executive Engineer, Rural Drinking Water Planning Division, Tirunelveli.
6.The Assistant Executive Engineer, Rural Drinking Water Planning Division, Nagercoil, Kanyakumari District.
... Respondents Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to consider and pass appropriate orders on the representation of the petitioner dated 01.07.2014 sent by the petitioner seeking to furnish the M-Book record maintained by the respondents.
For Petitioner : Mr.A.Saravanan For Respondents : Ms.Porkodikarnan
ORDER
The petitioner seeks for a writ of Mandamus directing the respondents to provide a copy of the M-Book which contains the measurements of the work done by him pursuant to the contract awarded in favour of the petitioner.
2.It is not in dispute that the petitioner had not completed the work within the time stipulated and therefore, the contract was cancelled.
3.The claim of the petitioner for certain amount of money towards the work done by him was rejected by this Court. Thereafter, the respondent Board has taken proceedings to recover the loss incurred due to the non completion of work within the stipulated time by the petitioner.
4.In such circumstances, the petitioner has sought for the copy of the M-Book maintained by the Department from the respondent board. Since the copy of the M-book has not been furnished, the petitioner has come forward with the present writ petition.
5.Admittedly, there is a dispute regarding the work done by the petitioner and the loss suffered by the Corporation due to the non completion of the work by the petitioner. Therefore, Mbook which is a written document, the same would establish the correctness of the issue and the respondent Board is not justified in refusing to furnish the copy of the M-book relating to the work done by the petitioner.
6.Accordingly, the writ petition is allowed. Rule nisi is made absolute. The respondent Board is directed to furnish the copy of the M-Book relating to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar( C ) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, No.31, Kamarajar Salai, Chepauk, Chennai-5
2.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, (W.R.), Southern Region, Madurai.
3.The Superintending Engineer, Tirunelveli and Kanyakumari Circle, Urban Division, Tirunelveli.
4.The Executive Engineer, Urban Project Division, Valliyoor, Tirunelveli District.
5.The Assistant Executive Engineer, Rural Drinking Water Planning Division, Tirunelveli.
6.The Assistant Executive Engineer, Rural Drinking Water Planning Division, Nagercoil, Kanyakumari District.
+One cc to Mr.T.Selvakumaran, Advocate, SR.No.52912 vsg/rmi RL/8C/3P/SV/SAR4/8.5.2017 WP(MD).No.12650 of 2014 19.04.2017 ( 2/2)