This Court dismissed the writ petition challenging a rejection of a claim for enhanced rates of additional earthwork. The Bench found a factual dispute on whether extra work was done and held this was not suitable for judicial review, granting liberty to approach a competent forum.
Null
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W.P.(MD).No.12459 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.12459 of 2011
S.Karuppiah (Died) ... Petitioner 2.B.Nadana Shankari 3.S.K.Ramkumar 4.K.Karthick 5.K.Rajashankar ... Proposed Petitioners
(Petitioner Nos.2 to 5 are substituted vide Court order, dated 09.06.2022 in W.M.P(MD)No.4824 of 2020 in W.P(MD)No.12459 of 2011)
Vs.
1.The State of Tamil Nadu, Represented by its Secretary to Government, Public Works Department, Fort St.George, Chennai-600 009.
2.The Chief Engineer, Water Resources Organisation, Madurai Region, Periyar Vaigai Basin Circle, Public Works Department, P.W.D.Complex, Tallakulam, Madurai-625 002.
3.The Superintending Engineer, Water Resources Organisation, Periyar Vaigai Basin Circle, Public Works Department, Madurai-625 001. 4.The Executive Engineer, Periyar Improvement Division No.VII, Water Resources Organisation, Public Works Department Complex, Madurai-625 002. ... Respondents
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W.P.(MD).No.12459 of 2011
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order Ka.No.388/M/08/Ko.336/Va.5, dated 07.11.2008 passed by the third respondent and quash the same and consequently direct the respondents to make payment of Rs.1,25,00,000/- to the petitioner towards the cost of 1,00,000 cu.mt. of earth purchased for formation of embankment in execution of the work of "Formation of Main Canal including all cross masonry structures from L.S.12.25 Km to 16.30 Km" under the Scheme of 'Providing Irrigation facilities to 58 Villages in Usilampatti Taluk of Madurai District' along with interest at 18% per annum from the date of completion of work to the date of payment of the above amount, within a time limit to be fixed by this Court.
For Petitioners : Mr.T.Sakthikumaran
For Respondents : Mr.N.Muthuvijayan Special Government Pleader
ORDER
The present writ petition has been filed challenging an order passed by the third respondent herein under which the request of the petitioner for payment of amount for the additional work done by him at an enhanced rate has been rejected.
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W.P.(MD).No.12459 of 2011
Whatever work that has been completed by the writ petitioner is as per the work order and the petitioner is not entitled to any additional amount and that too at an enhanced rate which would be quite contrary to the work order issued to the writ petitioner. In view of the submission made by either parties, this Court finds that there is a factual dispute whether any additional work at all was done by the writ petitioner and if so whether the writ petitioner would be entitled to receive an amount at an enhanced rate. This factual dispute could not be decided in the present writ petition. Hence, this writ petition is dismissed with liberty to the writ petitioner to approach appropriate forum to ventilate his grievances.
Assistant Registrar(Records)
// True Copy //
btr
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To
1.The Secretary to Government, The State of Tamil Nadu, Public Works Department, Fort St.George, Chennai-600 009.
2.The Chief Engineer, Water Resources Organisation, Madurai Region, Periyar Vaigai Basin Circle, Public Works Department, P.W.D.Complex, Tallakulam, Madurai-625 002.
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W.P.(MD).No.12459 of 2011
3.The Superintending Engineer, Water Resources Organisation, Periyar Vaigai Basin Circle, Public Works Department, Madurai-625 001.
4.The Executive Engineer, Periyar Improvement Division No.VII, Water Resources Organisation, Public Works Department Complex, Madurai-625 002.
+1 CC to M/s.A. THIRUMURTHY, Advocate ( SR-25962[F] dated 15/06/2022
+1 CC to M/s.SPL.GP ( SR-26126[F] dated 16/06/2022 )
Order made in W.P.(MD).No.12459 of 2011 15.06.2022
kg(CO) TR(24.06.2022) 4P 7C
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2 issues framed by the court
Whether the petitioner is entitled to additional payment at an enhanced rate for claimed extra work.
Whether this Court can resolve factual disputes regarding the extent of work done in a writ petition.
S.Karuppiah (Died)
B.Nadana Shankari
The State of Tamil Nadu
The Chief Engineer, Water Resources Organisation
The Superintending Engineer, Water Resources Organisation
The Executive Engineer, Periyar Improvement Division No.VII
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
