Writ petition challenging non-payment of work execution costs. Court directed respondents to consider petitioner’s representations and pass orders on merits on payment within four weeks.
Respondents directed to consider petitioner's representations and pass orders on merits within four weeks of receiving this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Petition No.2734 of 2022
M/s.Hosur Builders 15/G, Near SDA School TVS Main Road Mathigiri, HCF Post Hosur, Krishnagiri-635 110 Represented by its Proprietor Tmt.Rajeshwari. ..Petitioner Vs.
1.The Collector/Chairman District Rural Development Agency Tiruppur District Tiruppur – 641 045.
2.The Project Director District Rural Development Agency Solid Waste Management Tiruppur – 641 045.
3.The Additional Chief Secretary Directorate of Rural Development and Panchayat Raj Panagal Building Chennai-600 015. ..Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to make payment of Rs.1,32,15,549/- for the work executed in pursuance to the letter of Acceptance issued in ROC.No.801/2019/A11, dated 31.10.2019 on the file of the 1st respondent and as per the representations of the petitioner dated 22.01.2021, 11.06.2021 and 13.07.2021.
For Petitioner : Mr.S.Doraiswamy For Respondents : Mr.K.Karthik Jagannath Government Advocate
O R D E R
This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to make payment of Rs.1,32,15,549/- for the work executed in pursuance to the letter of Acceptance issued in ROC.No.801/2019/A11, dated 31.10.2019 on the file of the 1st respondent and as per the representations of the petitioner dated 22.01.2021, 11.06.2021 and 13.07.2021.
2.By consent of both the learned counsel appearing for the petitioner as well as Mr.K.Karthik Jagannath, learned Government Advocate, who takes notice for the respondents 1 to 3, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.The petitioner is a registered Class - 1 contractor under the 2nd respondent as well as other Government Departments. The petitioner executed several works under the 2nd respondent without any complaints. The 1st respondent issued a tender notification dated 26.02.2019 for the supply of battery operated E-carts required for Village Panchayats in Tiruppur District. The petitioner participated in the above tender and submitted his bid. The petitioner's bid was lowest. The respondents 1 and 2 have called the petitioner for negotiation and after negotiation, the contract price quoted by the petitioner was modified, the respondents 1 and 2 agreed for the contract price of Rs.2,99,22,000/- and issued work order to the petitioner. As per the work order issued to the petitioner, the petitioner purchased 280 E-carts and supplied to the concerned Village Panchayats. The petitioner completed the work and submitted compliance report with bills dated 28.10.2020 for the payment of Rs.1,32,15,549/-. The petitioner also produced the certificates issued by the authority for completion of work. The respondents 1 and 2 did not pay the amount for the work done by the petitioner. Hence, the petitioner sent representations dated 22.01.2021, 11.06.2021 and 13.07.2021 requesting the respondents 1 and 2 to make payment for the work done by him. Since no order was passed, the petitioner has come out with the present Writ Petition seeking the relief as stated above.
4.The learned Government Advocate appearing for the respondents submitted that the petitioner is not entitled to relief sought for herein, as he is seeking a direction to the respondents 1 and 2 to pay a sum of Rs.1,32,15,549/- and prayed for dismissal of the Writ Petition.
5.The learned counsel appearing for the petitioner in reply submitted that the petitioner will be satisfied, if a direction is given to the respondents 1 and 2 to consider his representations dated 22.01.2021, 11.06.2021 and 13.07.2021 and pass orders on merits.
6.Even though the petitioner is claiming a direction to the respondents 1 and 2 to make payment of Rs.1,32,15,549/- for the work executed by him by considering his representations dated 22.01.2021, 11.06.2021 and 13.07.2021, the learned counsel appearing for the petitioner at the time of his arguments, restricted his claim that a direction may be issued to the respondents 1 and 2 to consider the petitioner's representations and pass orders on merits.
7.Considering the above submissions, the respondents 1 and 2 are directed to consider the representations of the petitioner dated 22.01.2021, 11.06.2021 and 13.07.2021 and pass orders on merits and in accordance with law, after giving opportunity to the petitioner and others if any, within a period of four (4) weeks from the date of receipt of a copy of this order.
8.With the above direction, the Writ Petition is disposed of. No costs.
Sd/Assistant Registrar //True copy//
Sub Assistant Registrar
kj
To
1.The Collector/Chairman District Rural Development Agency Tiruppur District Tiruppur – 641 045.
2.The Project Director District Rural Development Agency Solid Waste Management Tiruppur – 641 045.
3.The Additional Chief Secretary Directorate of Rural Development and Panchayat Raj Panagal Building Chennai-600 015. +1 CC to Mr.S.Doraiswamy, Advocate sr 10112. W.P.No.2734 of 2022
NK(CO) SP(07/03/2022)
2 issues framed by the court
Whether the petitioner is entitled to a direction to make payment for executed work under a work order.
Whether to grant instead a direction to dispose of representations regarding the payment on merits.
M/s.Hosur Builders
Collector/Chairman District Rural Development Agency Tiruppur
Project Director District Rural Development Agency Solid Waste Management Tiruppur
Additional Chief Secretary Directorate of Rural Development and Panchayat Raj
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
