N.Rajasekaran v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) N.Rajasekaran ... Petitioner Vs

1) The Managing Director, Tamil Nadu Horticulture Development Agencies, 3rd Floor, Agriculture Complex, Ezhilagam, Chennai Tamil nadu 600 005

2) The Superintending Engineer, Tamil Nadu Horticulture Development Agencies, Race Course Road, Near to PTR Marriage Hall Road, Out Post, Madurai 625 002

3) The Executive Engineer, Tamil Nadu Horticulture Development Agencies, Paraipatti, Meenakshinayaikanpatti, Dindigul.

4) The Assistant Director, Tamil Nadu Horticulture Development Agencies, Kodaikannal.

5) The Assistant Executive Engineer, Tamil Nadu Horticulture Development Agencies, Kodaikannal, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to pay a sum of Rs.45,87,203.86/- with 18% interest till the date of the realization i.e. on 23.09.2019 for the work done by the petitioner in Project No.10/2016-2017 EE/TANHODA/Chennai dated 25.01.2017.

1/3

For Petitioner : Mr.S.Ramsundarvijayraj, For M/s.Veera Associates.

For Respondents : Mr.C.Ramesh, Special Government Pleader

O R D E R

Mr.C.Ramesh, learned Special Government Pleader accepts notice for the respondents. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. The relief sought for in this writ petition cannot be granted by this Court, as the petitioner seeks for a Mandamus seeking for a direction to the respondents to pay a sum of Rs.45,87,203.86/- together with interest at 18% per annum from 23.09.2019 in respect of the work done by him for the respondent in Project No.10/2016-1017 EE/TANHODA/Chennai dated 25.01.2017. The relief sought for by the petitioner involves disputed questions of facts.

3. However, the only relief that can be granted by this Court is to consider the petitioner's representation seeking for payment of the aforesaid sum. The petitioner, is therefore, directed to give a fresh representation to the respondents seeking for payment of the aforesaid sum within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the respondents shall consider the said representation on merits and in accordance with law and pass final orders within a period of eight weeks thereafter.

4. With the aforesaid direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 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. 2/3

To:

1) The Managing Director, Tamil Nadu Horticulture Development Agencies, 3rd Floor, Agriculture Complex, Ezhilagam, Chennai 600 005

2) The Superintendent Engineer, Tamil Nadu Horticulture Development Agencies, Race Course Road, Near to PTR Marriage Hall Road, Out Post, Madurai 625 002

3) The Executive Engineer, Tamil Nadu Horticulture Development Agencies, Paraipatti, Meenakshinayaikanpatti, Dindigul.

4) The Assistant Director, Tamil Nadu Horticulture Development Agencies, Kodaikannal.

5) The Assistant Executive Engineer, Tamil Nadu Horticulture Development Agencies, Kodaikannal, Dindigul District.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-21287[F] dated 05/11/2020 ) +1 CC to M/s.GP ( SR-21504[F] dated 06/11/2020 ) Order made in CK(CO) TR(26.11.2020) 3P 8C 3/3