Kongu Construction And Contractors v. The District Forest Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)Nos.8378 and 8381 of 2026 Kongu Construction & Contractors No.39, III Kovalan Street, Teacher's Colony, Erode-638 011, Rep. by its Partner N.K.Devanandan .. Petitioner - Vs. - The District Forest Officer, Dindigul Forest Division, Dindigul, Dindigul District.
.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed in Ref.No.465/2024/D1, dated 13.04.2026 on the file of the respondent quash the same and direct the respondent to extend the time limit till 30.04.2026 to complete the tender work of construction of Slender loris conservation center at Sukkampatty Village of Ayyalur Range in Dindigul Forest Division, Dindigul, already granted in Proc.No.465/2024/D1 dated 26.03.2026 on the file of the respondent and direct the respondent to complete the measurement process and settle the bill amount in order to complete the work on or before 30.04.2026. 1/6
For Petitioner : Mr.S.Doraiswamy For Respondent : Mr.M.Lingadurai Special Government Pleader
ORDER
The Writ Petition is filed for a Certiorarified Mandamus calling for the records relating to the impugned order dated 13.04.2026.
2. When the matter came up for hearing, it is also mentioned that a further order dated 16.04.2026 is also passed directing to hand over the work area pursuant to the order impugned in the writ petition. This case has a checkered history, and the petitioner is now approaching this Court for the fourth time in a row. The earlier orders passed in the connected writ petitions and also the interim orders passed in the contempt petition, etc., shall form part of this order.
3. However, instead of narrating all the circumstances, the learned counsel appearing on behalf of the petitioner would submit that if the work relating to the measurement of already carried out portions is done quickly and the amounts are being released, the petitioner will also perform the work as quickly as possible. The learned counsel would further submit that atleast some money should be released for the petitioner also to carry out the work quickly. It is also submitted that if time is extended upto 30.04.2026, without fail, the 2/6
petitioner will complete the work, and no further extension will be sought for from this Court.
4. Per contra, the learned Special Government Pleader appearing on behalf of the respondent would submit that already two extensions of time have been granted and for the third time, pursuant to the order of the Court, the time is also extended and that has also expired with effect from 13.04.2026, and in respect of the one work order for which the consequential order is passed on 16.04.2026, the time is expiring on 16.04.2026. It is the endeavour of the Forest Department to complete the work as quickly as possible, and the facility has to be thrown open to the visiting public. Already a society has been formed, and its activity is now not being commenced on account of the delay.
5. The learned counsel for the petitioner would also submit that there was a delay even while handing over of the site to the petitioner.
6. Be that as it may, this order is passed not on the mutual allegations of the past, but considering the future and the public interest involved in the matter. When the petitioner is the contractor who has completed major portions of the work and when he is undertaking to complete the rest also by 30.04.2026 and making it clear that no further extension of time will be given, I am of the 3/6
view that this Court in exercise of power under Article 226 of the Constitution of India, under the extraordinary circumstances prevailing in this case, can extend the time upto 30.04.2026. Irrespective of the release of the amount, let the petitioner keep on completing the work. At the same time, when the petitioner is completing so much of the work, swift action should be taken to measure and process the bill and in the meanwhile, since funds are available, the authorities shall keep on releasing the funds after satisfaction of the work done. Since the fund is available, notwithstanding any moral Code of Conduct, since it is pursuant to the Court orders, the funds due shall be released atleast in portions so that the petitioner also does not face funds crunch when it is expected of him to swiftly and quickly complete the work.
7. Accordingly, the Writ Petition is disposed of on the following terms: (i) The time for completion of the work for the petitioner in respect of the work order allotted to it shall stand extended till 30.04.2026 and the impugned orders inasmuch as it restricting it prior to it and directing the petitioner to vacate and hand over alone shall stand negatived;
4/6
(ii) The petitioner shall swiftly and without any hiccup whatsoever, complete the balance of works by 30.04.2026 and it is made clear that no further extension of time will be given; (iii) In the meanwhile, the work relating to measurement and processing and releasing of the bill amount shall also be parallelly undertaken and partial amounts shall be released to the petitioner so as to enable him to mobilize adequate labor and other things for the purpose of completion of work;
(iv) Since the officials are also present and the learned counsel on either side are present, they are requested to inform the officer of the decision of the Court and the parties to act accordingly; (v) The parties shall act on the web copy of the order without waiting for the certified copy of the order.
No costs. Consequently, the connected miscellaneous petitions are closed. 16.04.2026 NCC : No sji 5/6
D.BHARATHA CHAKRAVARTHY, J.
sji To The District Forest Officer, Dindigul Forest Division, Dindigul, Dindigul District.
16.04.2026 6/6