Petitioner contractor sought a writ directing respondent to release pending agreement payments. The High Court held contractual agreements cannot be enforced in writ jurisdiction, directing petitioner to appropriate forum. The writ petition was dismissed.
Petitioner directed to approach appropriate forum; writ petition dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
W.P.NO.3332 OF 2004 AND W.P.M.P.NOS.38661 OF 2004 AND 36850 OF 2005
S.Ratchagar ... Petitioner
.Vs.
The Deputy General Manager, Technical – M1, Neyveli Lignite Corporation Ltd., Neyveli - 607 803.
... Respondent
PRAYER:-
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to release the various amounts pending payment to the petitioner in Agreement No.CE/MI/114/95-96 dated 29.11.1995.
For Petitioner : Mr.Anantharaju For Respondent : Mr.N.A.K.Sarma
The writ petitioner is a Contractor seeks for a direction to the respondent to release various amounts pending payment pursuant to the Agreement entered into between the parties on 29.11.1995. Contractual agreement cannot be enforced before this Court exercising writ jurisdiction under Article 226 of the Constitution of India.
The petitioner is directed to approach the appropriate forum to redress his grievances. The writ petition is dismissed as not
maintainable. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
TK
To
The Deputy General Manager, Technical – M1, Neyveli Lignite Corporation Ltd., Neyveli - 607 803.
W.P.NO.3332 OF 2004
SPD(CO) PBS/22/03/2022
1 issue framed by the court
Whether a Court exercising writ jurisdiction under Article 226 can enforce a contractual agreement between parties?
1 provisions across 1 enactments
S. Ratchagar
The Deputy General Manager, Technical – M1, Neyveli Lignite Corporation Ltd., Neyveli
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
