Madras High Court
P. Arun Kumar vs The Government Of Tamil Nadu on 10 August, 2021
WP No. 18564 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN
Writ Petition No. 18564 of 2016
---
P. Arun Kumar
Proprietor
M/s. Gowpatt Associates
No.100, Journalist Colony
Thiruvanmiyur
Chennai - 600 041 .. Petitioner
Versus
1. The Government of Tamil Nadu
represented by its Principal Secretary
Highways and Minor Ports, Chennai
2. The Chief Engineer
National Highways
Chepauk, Chennai
3. The Superintending Engineer
National Highways, Salem
4. The Divisional Engineer
National Highways, Coimbatore
5. The Chief Accounts Officer
National Highways
Kuralagam, Chennai
6. The South Indian Bank
represented by its Chief Manager
Regional Office
https://www.mhc.tn.gov.in/judis/
1/1
WP No. 18564 of 2016
No.1, Sterling Road
Nungambakkam, Chennai
(R6 impleaded as per order dated
30.06.2016 passed in WMP No. 18834
of 2016 in WP No. 18564 of 2016) .. Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus to call for the records on
the file of the first respondent, quash the proceedings in Letter
No.7264/HV2/2015-11 dated 26.04.2016 as illegal, incompetent,
unconstitutional and without jurisdiction and further direct the respondent
No.1 to pay the dues amounting to Rs.3,98,90,310 together with interest at the
rate of 24% per annum forthwith.
For Petitioner : Mr. V. Raghavachari
For Respondents : Mr. R. Shanmugasundaram, Advocate General
assisted by Mr. Edwin Prabhakaran
Government Advocate for RR1 to 5
Mr. S. Sethuraman for R6
ORDER
The petitioner challenges the order of rejection dated 26.04.2016 of the
first respondent and after quashing the same, seeks for a consequential
direction to the first respondent to pay the petitoner the sum of Rs.3,98,90,310
together with interest at the rate of 24% per annum forthwith.
2. The petitioner participated in the tender floated by the
respondents on 22.07.2010 and he was awarded the contract relating to
widening and strengthening, including construction of retaining wall, in Km
https://www.mhc.tn.gov.in/judis/
WP No. 18564 of 2016
18/2 - 38/2 of Avinashi-Mettupalayam Road. An agreement dated 23.09.2010
came to be entered into between the petitioner and the respondents which
contains several clauses as also the clause with respect to period within which
the work has to be completed. In other words, as per the agreement, the work
has to be completed by the petitioner within 12 months viz., before
22.09.2011. According to the petitioner, the work was completed on
31.01.2012 and the delay is attributable on the part of the respondents. It is
claimed by the petitioner that by letters dated 13.10.2013 and 20.11.2013, the
respondents also accepted that the delay is on their part. Further, the
respondents have also accepted the variation in the quantity of bitumen and the
price escalation on account of the delay in completing the work. However, the
petitioner did not receive the legitimate amount due and payable to them for
having completed the contract.
3. Earlier, aggrieved by the non-payment of the admitted amount, the
petitioner filed WP No. 16140 of 2015 before this Court for issuing a Writ of
Mandamus directing the respondents to disburse the admitted dues amounting
to Rs.3,98,90,310/- together with cumulative interest. By order dated
03.08.2015, this Court directed the respondents herein to consider the claim of
the petitioner for disbursement of the amount on the basis of the observations
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WP No. 18564 of 2016
made therein. Aggrieved by such a direction issued by this Court in WP No.
16140 of 2015, the respondents herein filed W.A. No. 1602 of 2015 before this
Court. The Writ Appeal was dismissed by the Division Bench of this Court on
08.02.2016. Thereafter, the first respondent herein has passed the order dated
26.04.2016 rejecting the claim of the petitioner. Challenging the order of
rejection dated 26.04.2016 of the first respondent, the petitioner has filed this
writ petition. That apart, contending that the order of rejection dated
26.04.2016 passed by the first respondent, is in gross violation of the
Judgment dated 08.02.2016 passed by the Division Bench of this Court in
W.A. No. 1602 of 2015, the petitioner has also filed Contempt Petition No.
496 of 2018 and it is pending before the Division Bench of this court.
4. The learned counsel for the petitioner would vehemently contend
that the order of rejection dated 26.04.2016 passed by the first respondent is in
gross violation of the observations made by the Division Bench of this Court
in the Judgment dated 08.02.2016 passed in WA No. 1602 of 2015 filed by the
respondents herein. He placed heavy reliance on para No. 18 of the Judgment
dated 08.02.2016 passed by the Division Bench of this Court. It will be
apposite to refer to the observations of the Division Bench, which reads as
follows:-
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WP No. 18564 of 2016
"18. On a careful consideration of respective
contentions and also this Court taking note of the fact that
there are no disputed issues of fact to be gone into in the
present Writ Petition and also when the 4th Appellant/4th
Respondent wrote a letter to the 3rd Appellant/3rd
Respondent requesting him to obtain the requisite amount of
Rs.3,85,38,990/- being the sum due and outstanding under the
contract and further that, on 11.12.2013 the 4th Appellant/4th
Respondent wrote to the Senior Accounts Officer, National
Highways for releasing the funds etc., this Court comes to an
inevitable conclusion that the outstanding sum, when it is
admitted by the Appellants, the impugned order dated
03.08.2015 in W.P.No.16140 of 2015 passed by the Learned
Single Judge in directing the 1st Appellant/ 1st Respondent to
consider the claim of the Respondent/Petitioner in regard to
the disbursal of amount of Rs.3,98,90,310/- claimed by him as
per Agreement No.25/2010-11 dated 23.09.2010, does not
suffer from any material infirmities/irregularities or patent
illegalities in the eye of Law. Per contra, the same is in order.
Viewed in that perspective, the Writ Appeal filed by the
Appellants sans merits."
5. By placing reliance on the aforesaid portion of the Judgment of
the Division Bench of this Court in the earlier round of litigation between the
parties, the learned counsel for the petitioner would strenuvously contend that
the amount payable to the petitioner has been categorically admitted by the
respondents, while so, the impugned order of rejection passed by the first
respondent is arbitrary besides it runs contrary to the Judgment passed by the
Division Bench of this court. The learned counsel for the petitioner therefore
prayed for allowing this writ petition and to issue appropriate direction to the
respondents to disburse the amount of Rs.3,85,38,990/- with interest, without
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WP No. 18564 of 2016
brooking any further delay.
6. The learned Advocate General appearing for the respondents
fairly submitted that the respondents are willing to pay the amount of
Rs.3,85,38,990/- payable to the respondents.
7. In view of the above submission of the learned Advocate General
appearing for the respondents, the learned counsel for the petitioner
undertakes to withdraw the Contempt Petition No. 496 of 2018 pending before
the Division Bench of this Court.
8. Recording the aforesaid submission of the learned Advocate
General appearing for the respondents, this writ petition is disposed of. No
costs. The respondents are directed to disburse the amount of Rs.3,85,38,990/-
payable to the petitioner within a period of two weeks from the date of receipt
of a copy of this order. Consequently, connected miscellaneous petition is
closed.
10-08-2021
rsh
Index : Yes / No
To
https://www.mhc.tn.gov.in/judis/
WP No. 18564 of 2016
1. The Government of Tamil Nadu
represented by its Principal Secretary
Highways and Minor Ports, Chennai
2. The Chief Engineer
National Highways
Chepauk, Chennai
3. The Superintending Engineer
National Highways, Salem
4. The Divisional Engineer
National Highways, Coimbatore
5. The Chief Accounts Officer
National Highways
Kuralagam, Chennai
6. The South Indian Bank
represented by its Chief Manager
Regional Office
No.1, Sterling Road
Nungambakkam, Chennai
https://www.mhc.tn.gov.in/judis/
WP No. 18564 of 2016
R. MAHADEVAN, J
rsh
WP No. 18564 of 2016
10-08-2021
https://www.mhc.tn.gov.in/judis/
