Dismissed¶25

B.S.Engineers and Contractors v. the State of Tamil Nadu

Madras HC26 Mar 2025WP/5726/2024

Case brief

AI extract

What is this about?

Writ of mandamus; Article 226; referral of dispute to arbitration; G.O.Ms.No.17 Highways and Minor Ports (HN.2) Department dated 06.03.2023; withdrawal of writ petition; rights of petitioner kept open; liberty to petitioner as prayed for; no costs; associated miscellaneous petition closed; absolute determination order; Superintending Engineer (H) Projects Circle Chennai; communication dated 10.02.2025; B.S.Engineers and Contractors; State of Tamil Nadu Highways Department; Chief Engineer Highways Projects; High Level Disputes Resolution Committee; Madras High Court; D.Bharatha Chakravarthy; dismissed as withdrawn.

What did the court decide?

Dismissed as withdrawn with liberty to the petitioner as prayed for; no costs; the associated miscellaneous petition (W.M.P.No.6352 of 2024) is closed. ¶25

B.S.Engineers and Contractors Vs the State of Tamil… — Writ and Judicial Review | Madras HC (2025)

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W.P.No.5726 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.03.2025

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CORAM :

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.5726 of 2024 and W.M.P.No.6352 of 2024

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B.S.Engineers and Contractors No.8-4-1-20/10 Nani Mohammed Apartment Samaskhan Pallivasal Street Tirupathur – 630211, Sivagangai District Rep.by its Partner V.Sevuga Raja .. Petitioner

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Vs.

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1.The State of Tamil Nadu Rep.by its Secretary to Govt. Highways Department Fort St.George, Chennai – 600 009.

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2.The Chief Engineer Highways Projects / Convener High Level Disputes Resolution Committee Highways Department Chennai – 600 025. 3.The Superintending Engineer (H) Project Circle, Chennai – 600 016. .. Respondents

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.5726 of 2024

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1^st and 2^nd respondent to refer the dispute to Arbitration, as per G.O.Ms.17 Highways & Minor Ports (HN.2) Department dated 06.03.2023 within stipulated time fixed by this Court.

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For the Petitioner : Mr.Sriram for Mr.D.Balaraman For the Respondents : Mr.S.Senthil Murugan Special Government Pleader

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ORDER

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The Writ Petition is filed for a direction to the 1^st and 2^nd respondents to refer the dispute to Arbitration, as per G.O.Ms.No.17, Highways and Minor Department dated 06.03.2023.

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When the matter came up for hearing today, the learned counsel appearing on behalf of the petitioner submits that pending the Writ Petition, a communication dated 10.02.2025 is received by the petitioner from the Superintending Engineer (H), Projects Circle, Chennai. A copy of the same is produced before this Court. The said communication reads as follows:-

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.5726 of 2024

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“In this circumstance, vide ref.5^th cited it is requested by the contractor to revoke the absolute determination order passed by this office and to allow to proceed the work.

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In order to consider the request for the sake of early completion of the subject work and put into public use, it is informed to withdraw the Writ Petition (W.P.No.5726/2024) filed in Hon'ble High Court of Madras and communicate the details of the same to this office.”

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In view thereof, while keeping open the rights of the petitioner, the petitioner seeks permission of this Court to withdraw the Writ Petition, in order to facilitate the authority to proceed further.

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In the result, this Writ Petition stands dismissed as withdrawn with liberty to the petitioner as prayed for. No costs. Consequently, the associated miscellaneous petition is closed.

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26.03.2025

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Neutral Citation : Yes / No

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Jer

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.5726 of 2024