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Madras High CourtWP(MD)/9339/2026disposed of

Kongu Construction And Contractors v. The Addl. Chief Secretary To Government Of Tamil Nadu,

2026-04-02Honourable Mr Justice D.Bharatha Chakravarthy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)Nos.7477 and 7478 of 2026 Kongu Construction and Contractors, No.39, III Kovala Street, Teacher's Colony, Erode - 638 011, Rep. by its Partner N.K.Devanandan ... Petitioner -vs1.The Addl. Chief Secretary to Government of Tamil Nadu, Environment Climate Change and Forests Department, Secretariat, Chennai - 9.

2.The Principal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai.

3.The Conservator of Forests, Dindigul Circle, Dindigul.

4.The District Forest Officer, Dindigul Forest Division, Dindigul, Dindigul District.

5.Naga Sathish Gidijala,I.F.S., District Forest Officer, Dindigul Forest Division, Dindigul, Dindigul District.

6.Murugesan, Ranger, Ayyalur, Dindigul District.

7.Murali, Forester, Ayyalur, Dindigul District.

8.Karthikeyan, Forester, Ayyalur, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the fourth respondent in Proc.No.465/2024/D1 dated 26.03.2026, quash the same and direct the fourth respondent,

(1) to complete the measurement process;

(2) settle the bill amount;

(3) consult with the petitioner in person; and

(4) fix the fresh timeline to execute the remaining approximately 20 percent of works as per the orders of this Court in W.P.(MD)No.6382 of 2026, dated 09.03.2026.

For Petitioner : Mr.V.Elangovan For R1 to R4 : Mr.P.Thambidurai Government Advocate

ORDER

The present writ petition has been filed challenging the impugned order dated 26.03.2026.

2. I have heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents 1 to 4.

3. This is the fourth round of litigation initiated by the petitioner. Originally, the petitioner filed W.P.(MD)No.6382 of 2026 seeking a Writ of Mandamus to sanction their bills and to permit them to complete the remaining works awarded to them through work orders. Upon considering the submissions made, the said writ petition was allowed by passing the following order:- ''8. In view thereof, the writ petition is allowed on the following terms:- i. The petitioner is directed to appear before the 3rd respondent and furnish all the details as requested by the 3rd respondent. The 3rd respondent shall consider the same and process the release of bill amounts due as per law;

ii. With reference to the pending works, the respondents are directed to fix fresh time line and issue work orders to the petitioner. The petitioner is directed to complete the construction as early as possible as the original purpose of the Government establishing the Slender Loris Conservation Center is to protect the endangered species from extinction.

iii. No costs. Consequently, connected miscellaneous petitions are closed.''

4. Thereafter, the petitioner once again filed W.P.(MD)No.6995 of 2026 seeking to quash the order dated 11.03.2026. This Court, by order dated 12.03.2026, passed the following order in the said writ petition:- ''2.By the impugned communication, the petitioner is directed to remove all their men and material from the Slender Loris Conservation Centre at Ayyalur on or before 14.03.2026. It is also intimated through the impugned communication that if the petitioner cooperates the measurements and the final bills will be settled soon. In this regard, earlier, the petitioner approached this Court by way of W.P(MD)No. 6382 of 2026 and after hearing both sides, this Court passed an order. There were two grievances that were expressed by the petitioner. The bills were not disbursed and he was not permitted to execute the balance for work orders.

After hearing the parties, it was agreed that the petitioner will cooperate with the authorities by submitting M-book and the other measurements for the forest authorities to calculate and verify the bills claimed and after verification, the bills will be settled. It was also further agreed that the authorities will extend the time line and the petitioner also agreed that even if short time is extended, he will complete all the works within such time and making observations. The writ petition is disposed of even before that order could be uploaded, the present communication seems to have been issued.

3.In view thereof, since the parties are governed by the said Order that is passed by this Court, now pending consideration or implementation of the order by the parties, the present communication ought not to have been issued. Let the present communication be kept in abeyance until final decision being taken as per the earlier order in W.P(MD)No.6382 of 2026. This writ petition is disposed of with the above observations. It is made clear that the petitioner shall also cooperate for the measurement without fail on 16.03.2026. No costs. Consequently, connected miscellaneous petitions are closed.''

5. Once again, the petitioner filed a third writ petition in W.P.(MD)No. 8219 of 2026, seeking a Writ of Mandamus forbearing the District Forest Officer from illegally executing the tender works awarded to the petitioner. The said writ petition was considered on 25.03.2026, and upon recording the submission made on behalf of the District Forest Officer that the work orders originally issued to the petitioner were not being diverted, the said writ petition was disposed of.

6. Now, the present writ petition has been filed challenging the impugned order dated 26.03.2026, by which, as directed by this Court, extension of time has been granted.

7. The learned counsel for the petitioner submits that the petitioner is present at the site every day; however, the District Forest Officer is not cooperating and that measurements have not been taken till date. These allegations are refuted by the learned Special Government Pleader, who submits that it is the petitioner who is not cooperating for the measurement.

8. Be that as it may, the process of measurement and the sanctioning of bills can proceed simultaneously. The impugned order merely extends the time as mandated by this Court and, therefore, the petitioner cannot be aggrieved by the same. The petitioner shall mobilise sufficient manpower and complete the work expeditiously. In the meanwhile, without waiting for a certified copy of this order, the learned Special Government Pleader shall intimate the District Forest Officer. The petitioner, by deputing the Partner of the petitioner Firm, namely, N.K.Devanandan, or any other responsible representative, shall be present at the site on 03.04.2026 [tomorrow]. The measurement of the work already undertaken shall be completed for the purpose of release of bills and shall thereafter be processed further. It is open to the parties to arrange a personal meeting between the said Partner and the District Forest Officer during this process.

9. This Writ Petition stands disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed. 02.04.2026 NCC : No smn2 To:- 1.The Addl. Chief Secretary to Government of Tamil Nadu, Environment Climate Change and Forests Department, Secretariat, Chennai - 9.

2.The Principal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai.

3.The Conservator of Forests, Dindigul Circle, Dindigul.

4.The District Forest Officer, Dindigul Forest Division, Dindigul, Dindigul District.

D.BHARATHA CHAKRAVARTHY , J.

smn2 02.04.2026