Madras High CourtWP(MD)/5014/2017disposed of

M/S.The Indian Hume Pipe Co., v. The Managing Director,

2017-04-28Honourable Mr Justice V. Parthiban9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)Nos.5014 to 5026 of 2017 M/S.THE INDIAN HUME PIPE CO. LTD., REP. BY ITS DEPUTY GENERAL MANAGER, NO.8, FIRST FLOOR, GOPALAPURAM, CHENNAI - 600 086.

..PETITIONER IN ALL THE WPs.

- Vs. - 1.THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK, CHENNAI - 600 005.

2.THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, OPP. TO MATTUTHAVANI BUS STAND, MELUR ROAD, MADURAI - 625 007.

3.THE EXECUTIVE ENGINEER, TWAD BOARD, RWS DIVISION, NO.23A, 1ST FLOOR, MIRANDA LANE, GOVT. HOSPITAL ROAD, THENI - 625 531.

..RESPONDENTS IN W.P.(MD)NO.5014 / 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, NO.31, KAMARAJAR SALAI,CHEPAUK, CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, 3 THE EXECUTIVE ENGINEER, TWAD BOARD, URBAN DIVISION, INTEGRATED OFFICE COMPLEX, FIRST FLOOR, SEEVALAPERI ROAD, SANTHI NAGAR, PALAYAMKOTTAI, TIRUNELVELI - 627 002.

... RESPONDENTS IN WP(MD). 5015/ 2017

1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK, CHENNAI - 600 005.

... RESPONDENTS IN WP(MD). 5016/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK,CHENNAI - 600 005.

... RESPONDENTS IN WP(MD). 5017/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK,CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, 3 THE EXECUTIVE ENGINEER, TWAD BOARD, URBAN DIVISION, NO.6/35, ROUND ROAD, OPP. NAIDU KALYANA MAHAL, DINDIGUL - 624 005.

... RESPONDENTS IN WP(MD). 5018/ 2017

1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK, CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, 3 THE EXECUTIVE ENGINEER, TWAD BOARD, RWS DIVISION, NO.11, CHIDAMBARAM NAGAR, 3RD STREET, THOOTHUKUDI - 628 003.

... RESPONDENTS IN WP(MD). 5019/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK,CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, 3 THE EXECUTIVE ENGINEER, TWAD BOARD, URBAN DIVISION, NO.6/35, ROUND ROAD, OPP. NAIDU KALYANA MAHAL, DINDIGUL - 624 005.

... RESPONDENTS IN WP(MD). 5020/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK, CHENNAI - 600 005.

... RESPONDENTS IN WP(MD). 5021/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK,CHENNAI - 600 005.

...RESPONDENTS IN WP(MD). 5022/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK,CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, 3 THE EXECUTIVE ENGINEER, TWAD BOARD, PROJECT DIVISION, NO.22, A.S.S.S SOUNDARAPANDIAN ROAD, VIRUDHUNAGAR - 626 001.

... RESPONDENTS IN WP(MD). 5023/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK, CHENNAI - 600 005.

... RESPONDENTS IN WP(MD). 5024/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK, CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR,

3 THE EXECUTIVE ENGINEER, TWAD BOARD, URBAN DIVISION, NO.6/35, ROUND ROAD, OPP. NAIDU KALYANA MAHAL, DINDIGUL - 624 005.

... RESPONDENTS IN WP(MD). 5025/ 2017 1 THE MANAGING DIRECTOR, TWAD BOARD, CHEPAUK,CHENNAI - 600 005.

2 THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, 3 THE EXECUTIVE ENGINEER, TWAD BOARD, RWS DIVISION, NO.20, CAVE STREET, NAGERCOIL - 629 001.

... RESPONDENTS IN WP(MD). 5026/ 2017 Prayer in WP(MD). 5014/ 2017 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle a sum of Rs.19.24 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of providing WSIS to Cumbum, C.Pudupatti, Kamayankoundampatti and Narayanathevanpatti in Theni District, within a time fixed by this Court.

Prayer in WP(MD). 5015/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.19.61 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package II work namely CWSS to Vasudevanallur, Ryagiri, Sivagiri, Alangulam SVPs and 78 Rural habitations in Vasudevanallur and Pappakudi Panchayat Unions in Tirunelveli District - Balance works including maintenance for 12 months, within a time frame fixed by this Hon'ble court.

Prayer in WP(MD). 5016/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.45.73 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package I work namely CWSS to Vasudevanallur, Ryagiri, Sivagiri, Alangulam SVPs and 78 Rural habitations in Vasudevanallur and Pappakudi Panchayat Unions in Tirunelveli District - Balance works including

maintenance for 12 months, within a time frame as fixed by this Hon'ble court.

Prayer in WP(MD). 5017/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.34.82 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package III work namely CWSS to Vasudevanallur, Ryagiri, Sivagiri, Alangulam SVPs and 78 Rural habitations in Vasudevanallur and Pappakudi Panchayat Unions in Tirunelveli District - Balance works including maintenance for 12 months, within a time frame fixed by this Hon'ble court.

Prayer in WP(MD). 5018/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.78.73 Lakhs along with compound interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package IV work namely providing CWSS to Vedasandur, Palayam, Oddenchatram, Kannivadi, Sriramapuram Town Panchayats and 760 Rural Habitations in Dindigul and Karur Districts - Pumping main from Booster Station II (Palayam) to elevated sump near Kovilur (Reach III) including maintenance for 12 month within a time frame fixed by this Hon'ble Court.

Prayer in WP(MD). 5019/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.38.61 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Providing new pipeline in NH-45 B where the existing pipeline comes within the carage way under the formation of four lane by NHAI (CWSS to 239 coastal habitations in Thoothukudi District), within a time frame fixed by this Hon'ble Court.

Prayer in WP(MD). 5020/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.59.58 Lakhs along with compound interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package VI work namely providing CWSS to Vedasandur, Palayam, Oddenchatram, Kannivadi, Sriramapuram Town Panchayats and 760 Rural Habitations in Dindigul and Karur Districts - Pumping main from Ottanagampatti sump to Viriyapoor Sump - Reach V., pumpset at Ottanchatram pumproom and pumping main and branch main from

booster station IV to Ottanchatram, Gandhi Nagar SR including Maintenance for 12 months within a time frame fixed by this Court. Prayer in WP(MD). 5021/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.33.22 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package V work namely CWSS to Vasudevanallur, Ryagiri, Sivagiri, Alangulam SVPs and 78 Rural habitations in Vasudevanallur and Pappakudi Panchayat Unions in Tirunelveli District - Balance works including maintenance for 12 months, within a time frame fixed by this Hon'ble Court.

Prayer in WP(MD). 5022/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.34.66 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package IV work namely CWSS to Vasudevanallur, Ryagiri, Sivagiri, Alangulam SVPs and 78 Rural habitations in Vasudevanallur and Pappakudi Panchayat Unions in Tirunelveli District - Balance works including maintenance for 12 months, within a time frame fixed by this Hon'ble Court.

Prayer in WP(MD). 5023/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.155.02 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of CWSS to Kalugumalai, Kayathar & Ettayapuram UTPs in Thoothukudi District and to Sattur Municipality in Virudhunagar District, within a time frame fixed by this Hon'ble Court.

Prayer in WP(MD). 5024/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.33.18 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package VI work namely CWSS to Vasudevanallur, Ryagiri, Sivagiri, Alangulam SVPs and 78 Rural habitations in Vasudevanallur and Pappakudi Panchayat Unions in Tirunelveli District - Balance works including maintenance for 12 months, within a time frame fixed by this Hon'ble Court.

Prayer in WP(MD). 5025/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.42.80 Lakhs along with compound interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Package VII work namely providing CWSS to Vedasandur, Palayam, Oddenchatram, Kannivadi, Sriramapuram Special Village Panchayats with bulk provision to 760 Rural Habitations in Dindigul and Karur Districts - pumping main from Ottanagampatti sump to Kannivadi sump, supply delivery and erection of Pumpset at Reddiarchatram Sump including maintenance of the Scheme for 12 months within a time frame fixed by this Court.

Prayer in WP(MD). 5026/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to settle a sum of Rs.63.16 Lakhs along with interest at the rate of 12% per annum to and in favour of the petitioner for successful completion of Providing CWSS to Villukuri, Aloor SVPs and 53 Rural habitations in Kurunthancode, Thuckalay Unions in Kanyakumari District construction of all components of works including maintenance of scheme for a period of 12 months, within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.B.Saravanan (in all the W.Ps.) For Respondents : Ms.Porkodi Karnan (in all the W.Ps.) COMMON ORDER The petitioner has approached this Court seeking a direction to the respondents to settle the respective amounts mentioned in the Writ Petitions along with interest at the rate of 12% per annum in favour of the petitioner, within a time frame to be fixed by this Court.

2.Upon notice, Ms.Porkodi Karnan, learned counsel, entered appearance on behalf of the respondents, who would submit that the sanction has to be obtained from the Government for the dues to be settled in favour of the petitioner and she requires atleast 10 months time to comply with the relief as sought for in the writ petitions.

3.Recording the submission made by the learned counsel for respondents, these Writ Petitions are disposed of by directing the authorities concerned to settle the amounts in favour of the petitioner as admitted by the learned counsel for the respondents,

within a period of ten months from today. As regards payment of interest, it is open to the petitioner to claim or workout his remedies in the manner known to law. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar.

To 1.THE MANAGING DIRECTOR, TWAD BOARD, NO.31, KAMARAJAR SALAI, CHEPAUK, CHENNAI - 600 005.

2.THE CHIEF MANAGER, TWAD BOARD, GANESH NAGAR, NEAR LAW COLLEGE HOSTEL, OPP. TO MATTUTHAVANI BUS STAND, MELUR ROAD, MADURAI - 625 007.

3.THE EXECUTIVE ENGINEER, TWAD BOARD, RWS DIVISION, NO.23A, 1ST FLOOR, MIRANDA LANE, GOVT. HOSPITAL ROAD, THENI - 625 531.

4.THE EXECUTIVE ENGINEER, TWAD BOARD, URBAN DIVISION, INTEGRATED OFFICE COMPLEX, FIRST FLOOR, SEEVALAPERI ROAD, SANTHI NAGAR, PALAYAMKOTTAI, TIRUNELVELI- 627 002. 5.THE EXECUTIVE ENGINEER, TWAD BOARD, URBAN DIVISION, NO.6/35, ROUND ROAD, OPP.NAIDU KALYANA MAHAL, DINDIGUL 624 005.

6. THE EXECUTIVE ENGINEER, TWAD BOARD, RWS DIVISION, NO.11, CHIDAMBARAM NAGAR, 3RD STREET, THOOTHUKUDI- 628 003.

7. THE EXECUTIVE ENGINEER, TWAD BOARD, PROJECT DIVISION, NO.22, A.S.S.S. SOUNDARAJAPANDIAN ROAD, VIRUDHUNAGAR. 626 001.

8. THE EXECTIVE ENGINEER, TWAD BOARD, RWS DIVISION, NO.20 CAVE STREET, NAGERCOIL. 629 001.

+13CC to M/S.B.Saravanan, Advocate, SR.No.54959,54964,54965,54966, 54967,54968,54969,54970, 54971,54972,54973,54974, 54975 +1cc to M/S.POLAX LEGAL SOLUTIONS, Advocate SR.No. 54907 Common order in W.P.(MD)Nos.5014 to 5026 of 2017 28.04.2017 smn2 AM/JC/18.05.2017/9P/23C