Madras High CourtWP(MD)/14050/2024disposed of

Subburaj. Am v. The Managing Director

2024-06-28Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.M.Subburaj ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Water Supply and Drainage Board, Kamarajar Salai, Chepauk, Chennai-5.

2.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, Thanjavur.

3.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Thanjavur.

4.The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Thanjavur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to settle the Earnest Money Deposit (EMD) of Rs.12 lakhs and Authorised Extra and Omission Statement amount of Rs.73 lakhs towards the Construction of TWAD Board Project Office building and allied works at Pillayarpatty Village at SF.No.243/2 in Thanjavur - Trichy Road in Thanjavur District vide 1/3

Agreement No.CE/TNJ.02/2018-2019/dated 02.05.2018 as the project was completed on 28.10.2020 and brought under use of respondents for the past 4 years along with belayed payment interest at the rate of 18 percent p.a. For Petitioner : Mr.S.Govindan For Respondents : Mr.R.Satheesh

ORDER

Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent board.

2. The petitioner had carried out certain contract works for the board. The case of the petitioner is that his bill is yet to be settled. Though in contractual matters, the writ Court will normally not interfere, considering the special facts and circumstances of the case, the respondent board is directed to pay the final bill amounts and retention amount within a period of six months from the date of receipt of a copy of this order. The issue regarding payment of interest is left open.

3. The Writ Petition is disposed of. No costs. 28.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 28.06.2024 3/3