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Madras High CourtWP(MD)/13697/2020disposed of

S.Subramanian v. The Engineer In Chief(Wro)/

2020-10-05Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Subramanian

...Petitioner in both WPs

Vs.

1.The Engineer in Chief (WRO)/ Chief Engineer (General), Chepauk, Chennai.

2.The Superintending Engineer, Trichy.

...Respondents in WP(MD) No.

13697 of 2020 1.The Superintendent Engineer,(H), Nabard & Rural Roads Circle, Trichy -21.

...Respondent in WP(MD) No.

13700 of 2020 Prayer in WP(MD) No.13697 of 2020: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, thereby direct the respondents to consider the petitioner's application dated 06.01.2020 for registration as Class-I contractor with the Public Works Department at once in accordance with law. Prayer in WP(MD) No.13700 of 2020: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, thereby direct the respondent to consider the petitioner's application dated 17.09.2020 for registration as Class-1 Contractor with the Highways Nabard & Rural Roads Circle at once in accordance with law.

For Petitioner : Mr.P.Ganapathi Subramanian (in both WPs) For Respondents : Mr.C.Ramesh, (in both WPs) Special Government Pleader C O M M O N O R D E R These Writ Petitions have been filed for a Mandamus to direct the respondents to consdier the petitioner's applications dated 06.01.2020 & 17.09.2020, seeking to be recognized as Class 1 Contractor with the Public Works Department as well as with the Highways Nabard & Rural Roads Circle.

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2. It is the case of the petitioner that he is a building contractor and has done various projects for Public Works Department in the past. According to him, he submitted applications with the respondents on 06.01.2020 and 17.09.2020, seeking to be recognized as Class I Contractor. According to him, he has satisfied all the eligibility criteria required by the respondents for recognizing him as Class I Contractor. It is his case that even though he has submitted applications on 06.01.2020 and 17.09.2020 and despite the reminders sent on 11.02.2020 & 14.09.2020, the respondents have not considered his applications till date. It is his case that the applications for recognising the petitioner as Class 1 Contractor will have to be considered by the respondents within a period of 30 days. Since the applications have not been considered so far, these Writ Petitions have been filed.

3.Admittedly, the petitioner has submitted applications on 06.01.2020 in W.P(MD) No.13697 of 2020 and on 17.09.2020 in W.P(MD) No.13700 of 2020, seeking to be recognised as Class 1 Contractor with the respondents. It is also an admitted fact that the said applications have not been considered by the respondents till date. In such circumstances, this court directs the respondents to consider the petitioner's application in both the Writ Petitions, seeking to be recognised as Class 1 Contractor, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

4.With the aforesaid direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Engineer in Chief (WRO)/ Chief Engineer (General), Chepauk, Chennai.

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2.The Superintending Engineer, Trichy.

3.The Superintendent Engineer,(H), Nabard & Rural Roads Circle, Trichy -21.

+1 CC to M/s.GP ( SR-19330[F] dated 07/10/2020 ) 05.10.2020 VR(CO) KK(14.10.2020) 3 P 5C 3/3