Madras High Court
The Union Of India vs K.S.Mani Electricals on 15 July, 2021
W.A.Nos.1668 and 1669 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.Nos.1668 and 1669 of 2021
and C.M.P.Nos.10535 and 10536 of 2021
1.The Union of India,
Rep. by the Chief Secretary to Government,
Government of Pondicherry,
Pondicherry.
2.The Secretary,
Department of Finance,
Government of Pondicherry,
Pondicherry.
3.The Secretary,
Adi Dravidar Welfare Department,
Government of Pondicherry,
Pondicherry.
4.The Director,
Adi Dravidar Welfare Department,
Government of Pondicherry,
Pondicherry.
5.The Managing Director,
Pondicherry Adi Dravidar Development
Corporation (PADCO),
No.30, 11 Cross PON Nagar,
Reddiarpalayam, Pondicherry .. Appellants
in both Writ Appeals
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W.A.Nos.1668 and 1669 of 2021
Vs
K.S.Mani Electricals
Rep. by its Proprietor,
K.Subramanian,
No.50,III Cross, Velmurugan Nagar,
Kuyavarpalayam,
Puducherry. .. Respondent
in W.A.No.1668 of 2021
G.Kuppusamy & Co.
Represented by its Proprietor
J.Vijayagamurthy
No.16, III Cross, Gandhi Nagar,
Puducherry - 9. .. Respondent
in W.A.No.1669 of 2021
Appeals filed under Clause 15 of Letters Patent against the order
dated 21.12.2020 made in W.P.Nos.32054 and 32056 of 2019.
For Appellants : Ms.N.Mala,
Government Pleader (Puducherry)
in both cases
For Respondent : Mr.V.Raghavachari
for Mr.B.Balavijayan
in both cases
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
These two appeals arise out of the interim order passed by the
learned Single Judge directing the appellants to pay 50% of the
amount for the work done by the respondent(s)/writ petitioners.
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W.A.Nos.1668 and 1669 of 2021
2. Ms.Mala, learned Government Pleader (Puducherry) appearing
for the appellants submitted that the work has been given in favour of
the respondent(s)/writ petitioners without the work orders. A
Committee has been constituted to go into the alleged irregularities
committed and until and unless the reports are obtained after due
investigation, there is no question of releasing the amount.
3. Mr.V.Raghavachari, learned counsel appearing for the
respondent(s) submitted that the letters of the Executive Engineer of
the fifth appellant dated 14.03.2017, 31.03.2017 followed by the letter
of Managing Director of the said appellant would indicate the
assignment of the work followed by completion. Similarly, the aforesaid
facts pertaining to W.A.No.1668 of 2021 are on the same line with the
other writ appeal. Thus, inasmuch as the works having been
completed, the order passed by way of an interim measure is not
required to be interfered with.
4. By way of reply, learned Government Pleader appearing for
the appellants submitted that the writ petitions are likely to be taken
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W.A.Nos.1668 and 1669 of 2021
up for final hearing and therefore, the order passed will have to be set
aside.
5. These appeals are filed against the interim order passed by
the learned Single Judge. On a perusal of the order, we find that the
work was indeed done though it may not be in accordance with the
procedure, rule and to the satisfaction of the appellants. However, we
are at the interim stage. As of now, for the work done, the
respondent(s)/writ petitioners have not been paid. We do not know as
to whether any action has been taken against the officials who
allegedly acted in collusion with the respondent(s)/writ petitioners. The
communication between the parties are not denied or disputed with
respect to the green signal given to proceed and conclude the work.
6. Thus, taking into consideration the above, we are inclined to
modify the orders passed to the effect that the appellants will have to
pay one-third of the amount indicated in the communication sent to
the respondent(s)/writ petitioners within a period of four weeks from
the date of receipt of a copy of this judgment subject to the condition
that the respondent(s)/writ petitioners shall give bank guarantee. We
make it clear that these orders are subject to the final orders to be
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W.A.Nos.1668 and 1669 of 2021
passed in the writ petitions. We request the learned Single Judge who
is dealing with the Roster to make an endeavour to dispose of the writ
petitions at an early date.
7. With the above observation, the writ appeals stand disposed
of. No costs. Consequently, connected miscellaneous petitions are
closed.
(M.M.S., J.) (R.N.M., J.)
15.07.2021
Index:Yes/No
mmi/ssm
Note to Registry : Upload the order on 19.07.2021.
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W.A.Nos.1668 and 1669 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.Nos.1668 and 1669 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
