The High Court directed the respondents to pay outstanding amounts of Rs.19,52,930 and Rs.13,20,932 owed to two contractors for completed repairs at GCAS, Mamallapuram, within eight weeks, with interest liability on delay.
Respondents directed to pay Rs.19,52,930 and Rs.13,20,932 within 8 weeks; Respondent No.2 liable to pay interest on delay.
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.
W.P.Nos.6229 and 6231 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.03.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.Nos.6229 and 6231 of 2024
J.Balaji
... Petitioner in W.P.No.6229 of 2024
S.Veeran ... Petitioner in W.P.No.6231 of 2024
Vs
... Respondents in both W.Ps
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the
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W.P.Nos.6229 and 6231 of 2024
Respondents to make the balance payment of a sum of Rs.19,52,930/- and 13.20,932/- to the petitioners respectively based on the representation of the petitioners dated 08.07.2023.
In both W.P.'s
For Petitioner : Mr.M.Karthik For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader
C O M M O N O R D E R
Mr.M.R.Gokul Krishnan, learned Additional Government Pleader accepts
notice for the respondents and is armed with instructions to enable final
disposal of these Writ Petitions, even at the stage of admission.
an establishment under the name and style of Jayam Enterprises at Chennai – 600 041. He claims to be a registered class III contractor for the Public Works Department (PWD) of the State of Tamil Nadu. The petitioner in W.P.No.6231 of 2024, S.Veeran, claims to be a registered class I contractor for the Public Works Department (PWD) of the State of Tamil Nadu.
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W.P.Nos.6229 and 6231 of 2024
LR.No.2105/C11/2020 dated 25.02.2020. The scope of engagement of the
petitioner in W.P.No.6229 of 2024 was as follows:
a. Special repairs to electrical arrangements, fitting and fans in library and architectural design dept.,
b. Special repairs to the LTUG cables and electrical arrangements, fitting and fans in Sudhai dept.
c. Special repairs to the Electrical arrangements fitting and fans in computer hall and toilet
d. Special repairs to the electrical arrangements fitting and fans in main building in GCAS, Mamallapuram.
was as follows:
a. Special repairs to external walls and joineries in wood and stone section and computer science block (approved vide reference 2nd ), in GCAS, Mamallapuram.
b. Special repairs to paver block pathway from wood section to new work shop building, in GCAS, Mamallapuram.
c. Special repairs to overhead tank in main building and workshop building in GCAS, Mamallapuram.
d. Special repairs to water supply line from main building and workshop building in GCAS, Mamallapuram.
e. Special repairs to toilet block neat wood section, d. Special repairs to roof and walls in display hall section in GCAS, Mamallapuram.
f. Special repairs to roof and walls in display hall section in GCAS, Mamallapuram.
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W.P.Nos.6229 and 6231 of 2024
other contractors and also state that the works have been completed to the satisfaction of the respondents. The petitioners, in respect of the work allotted to them have raised invoices for a sum of Rs.19,52,930/- (W.P.No.6229 of 2024) and Rs.13,20,932/- (W.P.No.6231 of 2024) which remain outstanding.
respondents to make good the payment, for which purpose, the petitioners have also made a representation to the respondents.
W.P.No.6229 of 2024:
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W.P.Nos.6229 and 6231 of 2024
| SI.No. | Name of Work | Est. Amount in Rs. |
Value of Workdone in Rs. |
|---|---|---|---|
| 1. | Special repairs to electrical arrangements, fittings and fans in library and architectural design dept in GCAS, Mamallapuram |
4,95,000 |
4,86,485 |
| 2. | Special repairs to the LTUG cables and electrical arrangements, fittings and fans in Sudhai dept in GCAS, Mamallapuram |
5,00,000 |
4,90,792 |
| 3. | Special repairs to the Electrical arrangements, fittings and fans in Computer hall and toilet in GCAS, Mamallapuram |
4,95,000 |
4,84,933 |
| 4. | Special repairs to the Electrical arrangements, fittings and fans in main building in GCAS, Mamallapuram |
5,00,000 |
4,90,720 |
| Tota | l amount to be paid to M/s.Jayam Enterprises |
19,90,000 | 19,52,930 |
W.P.No.6231 of 2024:
| SI.No. | Name of Work | Est. Amount in Rs. |
Value of Workdone in Rs. |
|---|---|---|---|
| 1. | Special repairs to external walls and joineries in wood and stone section and computer science block (approved vide reference 2nd) in GCAS, Mamallapuram. |
3,00,000 |
2,97,810 |
| 2. | Special repairs to paver block pathway from wood section to new |
1,00,000 |
98,031 |
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W.P.Nos.6229 and 6231 of 2024
| SI.No. | Name of Work | Est. Amount in Rs. |
Value of Workdone in Rs. |
|---|---|---|---|
| work shop building in GCAS, Mamallapuram |
|||
| 3. | Special repairs to over head tank in main building and workshop building in GCAS, Mamallapuram |
1,00,000 |
98,117 |
| 4. | Special repairs to water supply line from main building and workshop building in GCAS, Mamallapuram |
1,00,000 |
99,425 |
| 5. | Special repairs to toilet block near wood section in GCAS, Mamallapuram |
1,00,000 |
97,531 |
| 6. | Special repairs to roof and walls in display hall section in GCAS, Mamallapuram |
1,00,000 |
99,107 |
| 7. | Special repairs to partition works in computer science block in GCAS, Mamallapuram. |
2,90,000 |
2,86,991 |
| 8. | Special repairs to the wall and toilet in Computer science block in GCAS, Mamallapuram |
2,50,000 |
2,43,920 |
| T | otal amount to be paid to Thiru S.Veeran |
13,40,000 | 13,20,932 |
of the total six contractors engaged for the works to be carried out in GCAS,
Mamallapuram, four contractors have already approached this Court in W.P.Nos.25270, 25272, 25285 & 25286 of 2023 and their similar request was
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W.P.Nos.6229 and 6231 of 2024
disposed on 09.10.2023 granting the respondents a period of eight (8) weeks to ensure that the amounts are paid with a note of caution to respondents that if the period of payment exceeds eight (8) weeks, then R2 will be liable to pay interest on the delayed remittance.
08.03.2024
Index : Yes / No
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W.P.Nos.6229 and 6231 of 2024
Speaking order Neutral Citation:Yes sl
Dr.ANITA SUMANTH,J.
sl
To
W.P.Nos.6229 and 6231 of 2024
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W.P.Nos.6229 and 6231 of 2024
08.03.2024
https://www.mhc.tn.gov.in/judis Pg.No.9/9
2 issues framed by the court
Whether the High Court should direct the respondents to make the balance payment for completed government works due to the petitioners.
Whether a penalty of interest will be applicable if the payment is not made within the stipulated time.
J.Balaji
S.Veeran
State Government of Tamil Nadu, Rep. by Additional Chief Secretary, Government Tourism, Culture and Religious Endowment Department
Executive Engineer, Public Works Department, Technical Education Division, Chennai
Chief Engineer (Buildings), Public Works Department, Technical Education Circle, Chennai
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
