Madras High Court
Unknown vs G.Kuppusamy & Co on 8 October, 2021
Rev.Appl.Nos.126 & 127 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Rev.Appl.Nos.126 & 127 of 2021
and C.M.P.Nos.15349 & 15352 of 2021
1.The Union of India,
Represented by the Chief Secretary,
Government of Puducherry,
O/o. Chief Secretariat, Puducherry.
2.The Secretary,
Department of Finance,
Government of Puducherry,
O/o. Chief Secretariat, Puducherry.
3.The Secretary,
Adi Dravidar Welfare and Scheduled Tribe
Welfare Department,
Government of Puducherry,
O/o.Chief Secretariat, Puducherry.
4.The Director,
Adi Dravidar Welfare and Scheduled Tribe
Welfare Department,
Government of Puducherry,
Thttanchavady, Puducherry – 605 009.
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Rev.Appl.Nos.126 & 127 of 2021
5.The Managing Director,
Puducherry Adi Dravidar Development
Corporation Ltd.,
(The Government of Puducherry Undertaking),
3rd Floor, ADW&STW Building,
Thattanchavady, Puducherry – 605 009. ...Petitioners
Vs
G.Kuppusamy & Co.,
Represented by its Proprietor
J.Vinayagamurthy,
No.16, III Cross, Gandhi Nagar,
Puducherry – 605 009. ...Respondent in
Rev.Appl.No.126 of 2021
K.S.Mani Electricals,
Represented by its Proprietor
K.Subramanian,
No.50, III Cross, Velmurugan Nagar,
Kuyavarpalayam,
Puducherry – 605 008. ...Respondent in
Rev.Appl.No.127 of 2021
Review Applications filed under Order 47 Rule 1 of CPC r/w. Section
114 of CPC to set aside the common judgment dated 15.07.2021 in
W.A.Nos.1668 and 1669 of 2021.
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Rev.Appl.Nos.126 & 127 of 2021
For Petitioners
in both cases : M/s.N.Mala
Government Pleader (Puducherry)
For Respondent
in both cases : Mr.B.Bala Vijayan
COMMON ORDER
T.S.Sivagnanam,J.
Heard M/s.N.Mala, learned Government Pleader (Puducherry)
appearing for the petitioners and Mr.B.Bala Vijayan, learned counsel
appearing for the respondent.
2.These review petitions have been filed to review the judgment in
W.A.Nos.1668 and 1669 of 2021 dated 15.07.2021.
3.The said appeals were filed by the Government of Puducherry
challenging an interim orders granted in two writ petitions directing
payment of 50% of the amount payable to the writ petitioners for having
executed certain works of erection of High Mast light, etc. The Hon'ble
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Rev.Appl.Nos.126 & 127 of 2021
Division Bench by the impugned order had modified the direction issued by
the learned Single Bench and directed the Government of Puducherry to pay
1/3rd of the amount indicated within a time frame subject to the condition
that the writ petitioners shall give Bank Guarantee and a direction was also
issued to list the writ petitions for disposal at an early date.
4.We are informed by the learned Government Pleader (Puducherry)
as well as the learned counsel for the respondent/writ petitioner that the writ
petitions have been heard on several dates and detailed submissions have
been made by both sides and a joint inspection report has also been placed
for the consideration of the Court. It is the submission of the learned
Government Pleader (Puducherry) that a perusal of the joint inspection
report would show that the alleged work which is said to have been
executed by the writ petitioner, if quantified will be far less than 1/3rd of the
amount which has been directed to be paid.
5.We find that though the respondent were entitled to 1/3rd amount,
they will have to execute a Bank Guarantee which in our understanding
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Rev.Appl.Nos.126 & 127 of 2021
would mean that the respondent has to ensure that almost an equivalent
amount is lying with the bank for the bank to give a guarantee to the
Government of Puducherry. In our considered view, this exercise is
unnecessary and it may not be to the advantage of the respondent/writ
petitioner.
6.Mr.B.Bala Vijayan, learned counsel appearing for the respondent is
right in his submission that the respondent was not insisting upon the
implementation of the judgment in the writ appeals because they wanted a
finality in the matter and simultaneously the writ petitions were taken up for
disposal and were heard at great length and should have been listed today
[08.10.2021] before the learned Single Bench.
7.In the light of the above, we dispose of the review applications by
vacating the direction issued in paragraph No.6 of the order and giving
liberty to the petitioner/Government of Puducherry and the respondent/writ
petitioner to conclude the argument in the writ petitions as expeditiously as
possible.
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Rev.Appl.Nos.126 & 127 of 2021
8.Accordingly, the review applications are allowed. No costs.
Consequently, connected civil miscellaneous petitions are closed.
[T.S.S.,J] [R.N.M.,J]
08.10.2021
cse
Index:Yes/No
Internet: Yes/No
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Rev.Appl.Nos.126 & 127 of 2021
T.S.SIVAGNANAM,J
AND
R.N.MANJULA,J
cse
Rev.Appl.Nos.126 & 127 of 2021
08.10.2021
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