M/S.S.S.Associates v. The Divisional Railway

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M/s.S.S.Associates, Reprsented through its Proprietor, R.Chellappa.

.. Petitioner Vs.

1.The Divisional Railway Manager, Trichy Division, Trichy.

2.The Senior Divisional Engineer (Coordination), Trichy Division, Trichy.

3.The Senior Divisional Engineer (East), Trichy Division, Trichy.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to remit back the amount of Earnest Money Deposit(EMD), Security Deposit and the 10 percentage in the bill amounts to the petitioner's company with accrued 9% interest within the time frame stipulated by this Court.

For Petitioner : Mr.S.Murugapandi For Respondents : Mr.K.Govindarajan Deputy Solicitor General

ORDER

It is now brought to the notice of the Court that the contract has been terminated since the petitioner has not concluded the work entrusted to him. Therefore, his contention in the affidavit that the work has been completed and therefore he is entitled to refund, cannot be sustained. It is well open to the petitioner to work out his remedy otherwise.

2. In view of the above, this Writ Petition stands dismissed. No costs.

03.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Divisional Railway Manager, Trichy Division, Trichy.

2.The Senior Divisional Engineer (Coordination), Trichy Division, Trichy.

3.The Senior Divisional Engineer (East), Trichy Division, Trichy.

P.T.ASHA, J.

gbg 03.09.2025