Madras High Court
K.P.Munisamy vs The Chief Engineer (Highways) on 26 July, 2021
W.A.(MD)No.1428 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1428 of 2021
K.P.Munisamy ... Appellant/Petitioner
Vs.
1. The Chief Engineer (Highways),
Project Highways,
3rd Floor, Highways Research Centre,
Guindy, Chennai - 600 025.
2. The Divisional Engineer (Highways),
Project Highways,
Thamarai Thotti Junction,
Alagar Kovil Road, Madurai.
3. The Superintending Engineer (Highways),
Project Highways,
Thamarai Thotti Junction,
Alagar Kovil Road, Madurai.
4. The Assistant Engineer (Highways),
Project Section, Dindigul District. ... Respondents/
Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.20251 of 2018, dated 02.02.2021.
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W.A.(MD)No.1428 of 2021
For Appellant : Mr.J.Lawrence
For Respondents : Mr.R.Baskaran,
Standing Counsel for Government
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.J.Lawrence, learned counsel appearing for the
appellant and Mr.r.Baskaran, learned Government Counsel appearing for the
respondents.
2. This appeal is directed against the order dated 0202.2021 passed in
W.P(MD).No.20251 of 2018.
3. The said writ petition was filed by the appellant to direct the
respondents 2 and 3 to disburse a sum of Rs.6,31,582/- along with 20%
additional cash bill for the construction work performed by him by considering
his representation dated 07.09.2018.
4. The learned Single Bench dismissed the writ petition on the ground
that the matter is purely a contractual dispute and if the appellant has raised any
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W.A.(MD)No.1428 of 2021
additional claim, then in terms of the Commercial Condition No.10 of the
agreement, he has to approach the competent civil Court.
5. In our considered view, the learned Single Bench was right in
observing that in such contractual matters, the Court should be very slow in
interfering, by exercising its jurisdiction under Article 226 of the Constitution
of India.
6. Mr.J.Lawrence, learned counsel appearing for the appellant would
contend that the respondents being the Governmental Authorities, though the
work assigned to the appellant is in a contractual field, yet they are bound to act
reasonably and fairly. There can be no quarrel on the aspect that the action of
the Government should be fair and reasonable. However, when the dispute
between the parties is in the private law field and not in the public law field,
then the Courts under Article 226 of the Constitution of India should seldom
interfere in such matters, more particularly, when the claims are disputed.
7. The grievance of the appellant is that though a communication was
sent by the appellant on 27.05.2016, by the Divisional Engineer to call for a
meeting with the appellant, so that the issue can be sorted out, thereafter, the
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W.A.(MD)No.1428 of 2021
respondents have not even considered the appellant's representation dated
07.09.2018 and the request of the appellant is to examine his representation and
if the amount claimed by the appellant is not disputed, then the payment can be
released. In the counter-affidavit filed in the writ petition by the Divisional
Engineer, it is stated that a sum of Rs.32,62,597/- has been paid to the appellant
for the work which has been done after due verification by the Assistant
Engineer of the Department. The remaining amount has been stopped for not
complying with the agreement conditions and once the appellant ensures that
the specification and standards of work are completed in terms of the
agreement, the remaining amount would be released.
8. Further, it is stated that the additional claim to the tune of 20% is
the disputed issue and as per the Commercial Conditions No.10 in the
agreement, the appellant has to approach the civil Court, since the respondents
have stated that if the appellant ensures that the work has been completed as per
the specification and standards of work, the balance amount shall be released.
9. If such is the case, one opportunity can be granted to the appellant
to demonstrate that he has completed the works as per the specification and
standards and if the Department is satisfied, then the balance amount can be
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W.A.(MD)No.1428 of 2021
released. If not, the Department can give a written reply to the appellant stating
as to why the amount cannot be released. So far as the additional claim of 20%
is concerned, the appellant has to necessarily approach the civil Court.
10. Therefore, we are inclined to grant a partial relief to the appellant
by directing the respondents to consider the petitioner's representation dated
07.09.2018, call upon the appellant to establish that he has complied with the
terms and conditions of the said agreement as per the specification and
standards and if the Department is satisfied, the balance amount can be released
or otherwise, the Department can intimate the appellant as to why the amount
cannot be released, therefore, it will enable the appellant to approach the civil
Court even for the said amount. As mentioned earlier, so far as the additional
claim of 20% is concerned, the appellant is at liberty to approach the civil Court
of competent jurisdiction.
11. With the above observations and directions, this Writ Petition
stands disposed of. No costs.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 26.07.2021
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W.A.(MD)No.1428 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
1. The Chief Engineer (Highways),
Project Highways,
3rd Floor, Highways Research Centre,
Guindy, Chennai - 600 025.
2. The Divisional Engineer (Highways),
Project Highways,
Thamarai Thotti Junction,
Alagar Kovil Road, Madurai.
3. The Superintending Engineer (Highways),
Project Highways,
Thamarai Thotti Junction,
Alagar Kovil Road, Madurai.
4. The Assistant Engineer (Highways),
Project Section, Dindigul District.
W.A.(MD)No.1428 of 2021
26.07.2021
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