Madras High CourtWMP(MD)/7628/2023disposed of

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

2026-02-20Honourable Mr Justice R.Vijayakumar4 pages

WMP(MD) NO. 7628 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-02-2026

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WMP(MD) NO. 7628 of 2023 in W.P(MD)No.1918 of 2013

1. Tamil Nadu Water Supply And Drainage Board (twad Board) Rep. By Its Managing Director Head Office 31 Kamaraj Salai Chepauk Chennai 5.

2.The Executive Engineer, TWAD Board, Urban Division, NO.1, Meigna Street, Near Roe Marry School, Palayamkottai, Tirunelveli - 627 002.

3.The Accounts Officer, TWAD Board, Internal Audit Wing, Southern Region, Madurai Petitioner(s) Vs

1. M/S THE INDIAN HUME PIPE CO., Ltd., Repd. By Its Deputy Geneal Manager And Poa S. Arunachalam No.8 I Street 1/4

Gopalapuram Chennai 6 Respondent(s) For Petitioner(s): Mr.AR.L.Sundaresan, Addl.Solicitor General of India assisted by M/s. Satheesh. R Additional Typedset Filed In Usr 19703/25 For Respondent(s):Mr.D.Kirubakaran Prayer:Writ Miscellaneous Petition filed under Article 226 of the Constitution of India praying this Court to modify the order dated 26.09.2022 made in W.P.(MD) No.1918 2013.

ORDER

The above Writ Petition was disposed of on 26.09.2022 relying upon the written instructions submitted by the Assistant Executive Engineer, TWAD Board to the effect that due of the Petitioner to sum of Rs.1,34,25,705/-, under agreement, will be paid to the Petitioner, within a period of six months.

2.The present modification application has been filed on the ground that such written instruction was given on an erroneous view of the matter, without properly looking into the accounts. 2/4

3.The learned Additional Solicitor General of India appearing for the Petitioner/TWAD Board submitted that since the concerned officer has retired from service, they are not in a position to initiate any action against him. According to him, a sum of Rs.33 lakhs which is due and payable to the Writ Petitioner, has been paid to him pending modification application. The learned Additional Solicitor General of India seeks modification of the orders of this Court to the effect that they are liable to pay only Rs.33 lakhs.

4.Per contra, the learned counsel for respondent in the modification application says that they are entitled to receive a sum of Rs.1.34,25,705/- and he would make his submissions. 5.In view of the above facts, order dated 26.9.2022 made in the above Writ Petition stands recalled. Registry is directed to list the Writ Petition before the concerned Court. The parties are at liberty to raise all their pleas in the main Writ Petition.

20-02-2026 vsn 3/4

R.VIJAYAKUMAR.,J.

vsn ORDER MADE IN WMP(MD) NO. 7628 of 2023 in W.P(MD)No.1918 of 2013 20.02.2026 4/4