Tamil Nadu Water Supply and Vs M/S the Indian Hume… — Writ and Judicial Review | Madras HC (2026)

Tamil Nadu Water Supply and Vs M/S the Indian Hume… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Recall of the order dated 26.09.2022 made in W.P.(MD) No.1918 of 2013; Registry directed to list the main Writ Petition before the concerned Court; parties at liberty to raise all their pleas in the main Writ Petition.

Issue for consideration

Whether the order dated 26.09.2022 made in W.P.(MD) No.1918 of 2013, disposing of the writ petition on the basis of the TWAD Board's written instruction to pay Rs.1,34,25,705/- within six months, should be modified/recalled. +1 more

Court's answer

The order dated 26.9.2022 made in W.P.(MD) No.1918 of 2013 stands recalled.

Ratio / Principle

The Registry is directed to list the main Writ Petition before the concerned Court, and the parties are at liberty to raise all their pleas in the main Writ Petition; the rival claims of Rs.33 lakhs and Rs.1,34,25,705/- were not adjudicated in this order.

Detailed headnote1 paragraphs

Writ Miscellaneous Petition (WMP(MD) No.7628 of 2023 in W.P.(MD) No.1918 of 2013) moved by the Tamil Nadu Water Supply and Drainage Board, its Executive Engineer and Accounts Officer under Article 226 of the Constitution of India, decided by R. Vijayakumar, J. (Madurai Bench of the Madras High Court, 20-02-2026). The Court's earlier order dated 26.09.2022 had disposed of the writ petition of M/s The Indian Hume Pipe Co. Ltd. on the strength of written instructions of the Assistant Executive Engineer, TWAD Board, that Rs.1,34,25,705/- due under agreement would be paid within six months. The Board asserted that the instruction rested on an erroneous view of the accounts; the officer concerned having retired, no action could be initiated against him, and Rs.33 lakhs described as the sum actually due had been paid to the writ petitioner pending the application. Recalling the 26.09.2022 order, the Court directed the Registry to list the main writ petition before the concerned Court and left the parties at liberty to raise all their pleas therein, without adjudicating the rival claims of Rs.33 lakhs and Rs.1,34,25,705/-.

WMP(MD) NO. 7628 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-02-2026

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR

WMP(MD) NO. 7628 of 2023 in

W.P(MD)No.1918 of 2013

Tamil Nadu Water Supply And Drainage Board (twad Board) Rep. By Its Managing Director Head Office 31 Kamaraj Salai Chepauk Chennai 5.

2.The Executive Engineer, TWAD Board, Urban Division, NO.1, Meigna Street, Near Roe Marry School, Palayamkottai, Tirunelveli – 627 002.

3.The Accounts Officer, TWAD Board, Internal Audit Wing, Southern Region, Madurai

Petitioner(s)

Vs

M/S THE INDIAN HUME PIPE CO., Ltd., Repd. By Its Deputy Geneal Manager And Poa S. Arunachalam No.8 I Street

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Gopalapuram Chennai 6

Respondent(s)

For Petitioner(s): Mr.AR.L.Sundaresan, Addl.Solicitor General of India assisted by M/s. Satheesh. R Additional Typedset Filed In Usr 19703/25

For Respondent(s) :Mr.D.Kirubakaran

Prayer:Writ Miscellaneous Petition filed under Article 226 of the Constitution of India praying this Court to modify the order dated 26.09.2022 made in W.P.(MD) No.1918 2013.

ORDER

The above Writ Petition was disposed of on 26.09.2022 relying upon the written instructions submitted by the Assistant Executive Engineer, TWAD Board to the effect that due of the Petitioner to sum of Rs.1,34,25,705/-, under agreement, will be paid to the Petitioner, within a period of six months.

2.The present modification application has been filed on the ground that such written instruction was given on an erroneous view of the matter, without properly looking into the accounts.

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3.The learned Additional Solicitor General of India appearing for

the Petitioner/TWAD Board submitted that since the concerned officer has retired from service, they are not in a position to initiate any action against him. According to him, a sum of Rs.33 lakhs which is due and payable to the Writ Petitioner, has been paid to him pending modification application. The learned Additional Solicitor General of India seeks modification of the orders of this Court to the effect that they are liable to pay only Rs.33 lakhs.

4.Per contra, the learned counsel for respondent in the

modification application says that they are entitled to receive a sum of Rs.1.34,25,705/- and he would make his submissions.

5.In view of the above facts, order dated 26.9.2022 made in the above Writ Petition stands recalled. Registry is directed to list the Writ Petition before the concerned Court. The parties are at liberty to raise all their pleas in the main Writ Petition.

20-02-2026

vsn

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R.VIJAYAKUMAR.,J.

vsn

ORDER MADE IN WMP(MD) NO. 7628 of 2023 in W.P(MD)No.1918 of 2013

20.02.2026

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