Twad Board vs M/S.Subaya Constructions Co.Ltd
2021 Latest Caselaw 5631 Mad

                                                                W.A.Nos.433, 442 and 440 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:      03.03.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                          AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
                                          W.A.Nos.433, 440 and 442 of 2021

                     1.TWAD Board,
                     (Tamil Nadu Water Supply and Drainage Board)
                     rep. By its Executive Engineer,
                     Urban Division,
                     Villupuram

                     2.TWAD Board,
                     (Tamil Nadu Water Supply and Drainage Board)
                     rep. By its Chief Engineer,
                     Northern Region,
                     Vellore

                     3.The Managing Director,
                     TWAD Board,
                     (Tamil Nadu Water Supply and Drainage Board)
                     No.31, Kamarajar Salai,
                     Chepauk, Chennai 5               ...  Appellants

                                                    Vs.

                     1.M/s.Subaya Constructions Co.Ltd.,
                     rep. By its Director,
                     S.Chandra Gandhimathi
                     No.21, Soundarapandian Salai,
                     Ashok Nagar, Chennai 83

                     2.The Senior Audit Officer,
                     O/o The Principal Accountant General,

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https://www.mhc.tn.gov.in/judis/
                                                                  W.A.Nos.433, 442 and 440 of 2021



                     Lekha Paksha Bhavan,
                     No.361, Anna Salai,
                     Teynampet, Chennai 18                              ...   Respondents

                     Prayer: Appeals filed under Clause 15 of the Letters Patent against the
                     order dated 14.02.2020 passed in W.P.Nos.18255, 18258, 18260 of
                     2019.


                               For Appellants   ::    Mrs.Narmatha Sampath
                                                      for Mr.R.Ganesh Babu



                                                 COMMON JUDGMENT

                                        (Delivered by the Hon'ble Chief Justice)

                               It is submitted on behalf of the appellants that a relevant fact

                     pertaining to an order of rejection pursuant to an audit objection

                     had not been brought to the notice of the Writ Court.



                               2. Since it does not appear that such aspect of the matter was

                     canvassed before the Writ Court, the order impugned cannot be

                     faulted. However, it will be open to the appellants to apply for

                     review by bringing the fresh material on record. This order does not

                     imply that the review petition has to be entertained; only that a

                     petition for review may be carried before the Writ Court for the Writ

                     Court to consider the same.


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                                                              W.A.Nos.433, 442 and 440 of 2021



                               3. The present appeals can no longer be pursued since the

                     appellants are desirous of carrying review petitions before the Writ

                     Court. However, it will be open to the appellants to assail the order

                     impugned herein by way of appeal in the event the review petition

                     is not entertained. W.A.Nos.433, 440 and 442 of 2021 are disposed

                     of since they arise out of a common order. There will be no order as

                     to costs. Consequently, C.M.P.Nos.1729, 1735, 1744 of 2021 are

                     closed.



                                                              (S.B., CJ.)      (S.K.R., J.)
                                                                        03.03.2021

                     Index : Yes/No
                     tar


                     To:

                     The Senior Audit Officer,
                     O/o The Principal Accountant General,
                     Lekha Paksha Bhavan,
                     No.361, Anna Salai,
                     Teynampet, Chennai 18




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https://www.mhc.tn.gov.in/judis/
                                        W.A.Nos.433, 442 and 440 of 2021




                                        THE HON'BLE CHIEF JUSTICE
                                                     AND
                                   SENTHILKUMAR RAMAMOORTHY, J.

tar

W.A.Nos.433, 440 & 442 of 2021

03.03.2021

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