Aavudaiyappan K v. The Joint Director / Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19667 of 2025 and W.M.P(MD) Nos.15121 and 15122 of 2025 Aavudaiyappan ... Petitioner Vs.

1.The Joint Director / Project Director, O/o the Join Director, District Rural Development Agency Virudhunagar District.

2.The District Collector, O/o the District Collector, Virudhunagar Virudhunagar District.

3.The Assistant Executive Engineer (Rural Development), O/o. the Assistant Executive Engineer (Rural Development) Srivilliputhur Sub Division, Virudhunagar District.

4.The Block Development Officer (Village Panchayats), O/o. the Block Development Officer Vathirayiruppu Panchayat Union, Virudhunagar.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.B5/862/2025 dated 20.06.2025 on the file of the respondent no.4 and quash the same as illegal and consequently for a direction directing the respondent No.4 to award the work of providing paver Block Pavement (210.00x3.75m) in Mettu Street at khasapuram Village and Panchayat to the petitioner within the time frame stipulated by this Court.

For Petitioner : Mr.M.Mahaboom Fazil for M/s.Roy and Roy Associates For R1 to R3 : Mr.C.Satheesh Government Advocate For R4 : Mr.B.Saravanan Additional Government Pleader

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Government Advocate for the respondent Nos.1 to 3 and the learned Additional Government Pleader for the respondent No.4.

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2. The petitioner was declared the highest bidder, and a work order was issued to him on 17.04.2025. By the impugned communication, dated 20.06.2025, the fourth respondent cancelled the said work order on the ground that the petitioner's application for renewal of registration as a contractor was returned, stating that he does not have the status of a registered contractor.

3. It appears that the petitioner has also made an application for renewal manually. However, with effect from January, the applications are to be filed only through online. Thereafter, the petitioner has applied through online. Thus, the registration of contract of the petitioner has not been renewed stating that he does not possess a status of a registered contractor.

4. It is the specific case of the petitioner that the petitioner has completed a substantial portion of the work. The photographs filed by him indicate that the work has been commenced.

5. The learned Additional Government Pleader for the fourth respondent has also produced photographs of the work done by the petitioner, which appear to indicate that a substantial portion of the work has not been completed. The 3/6

photographs further show that the petitioner has however procured paver blocks for laying the paver block path.

6. It is evident that the petitioner has not completed the work. The respondents have floated a fresh tender on 14.07.2025, with the last date for submission of bids being 21.07.2025, for a total value of Rs.13,57,000/-. The petitioner has approached this Court at the last minute, and therefore, the challenge to the impugned communication cannot be countenanced.

7. The petitioner appears to have breached the terms and conditions of the work order dated 17.04.2025, which stipulated that the work should be completed within sixty days from the date of award. As on 21.07.2025, the petitioner is yet to complete the work. It is therefore open to the petitioner to recover the amount for the work executed from the respondents by invoking the principles under the Contract Act. If the petitioner is aggrieved in this regard, he may file a suit for damages.

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8. With the above liberty, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. 21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Joint Director / Project Director, O/o the Join Director, District Rural Development Agency Virudhunagar District.

2.The District Collector, O/o the District Collector, Virudhunagar Virudhunagar District.

3.The Assistant Executive Engineer (Rural Development), O/o. the Assistant Executive Engineer (Rural Development) Srivilliputhur Sub Division, Virudhunagar District.

4.The Block Development Officer (Village Panchayats), O/o. the Block Development Officer Vathirayiruppu Panchayat Union, Virudhunagar.

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C.SARAVANAN, J.

Indu W.P(MD) No.19667 of 2025 21.07.2025 6/6