Petitioner, a lowest tenderer who completed construction of Forest Range Quarters, sought writ for payment of contract balance. Court directed respondents to pay within three months, imposing 6% annual interest for delays.
Direct to pay balance contract value within three months; 6% p.a. interest for delay.
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W.P(MD)No.11054 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.11054 of 2024
S.Kannan
... Petitioner
Vs.
2.The Wild Life Warden, Megamalai Wildlife Division, Theni. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take necessary action over the petitioner's representation dated 17.12.2020, with respect to disbursement of the arrear funds that the second respondent has to pay the petitioner.
For Petitioner : Mr.M.Gururaj
For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader
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Heard both sides.
ORDER
2.The petitioner was awarded the contract of constructing Forest Range Quarters at Mayiladum Parai at Orathanadu range during 2017-18. The petitioner was the lowest tenderer. Admittedly, the petitioner had completed the works. The building is presently in use. Therefore, the petitioner must be paid the entire contract value. A substantial sum has already been paid. The balance amount shall be paid to the petitioner within a period of three months from the date of receipt of a copy of this order. If within three months the said balance amount is paid, it will not carry interest. If it is not paid within the aforesaid time limit, it will carry interest at a rate of 6% per annum from the date of arising of the cause of action.
3.This writ petition is allowed accordingly. There shall be no order as to costs.
04.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA
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To
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G.R.SWAMINATHAN,J.
MGA
W.P(MD)No.11054 of 2024
04.07.2024
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3 issues framed by the court
Whether the respondents are directed to pay the balance contract value to the petitioner.
Whether interest is to be charged if the payment is delayed beyond the specified period.
Whether a writ of mandamus is issued directing the respondents to pay the arrear funds.
1 provisions across 1 enactments
S.Kannan
Additional Chief Forest Conservator
Wild Life Warden
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
