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K.S.Mani Electricals vs The Union Of India
2025 Latest Caselaw 97 Mad

Citation : 2025 Latest Caselaw 97 Mad
Judgement Date : 1 April, 2025

Madras High Court

K.S.Mani Electricals vs The Union Of India on 1 April, 2025

Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
                                                                                       W.P.Nos.24664 & 24666 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 01.04.2025

                                                         CORAM:

                      THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                           W.P.Nos.24664 & 24666 of 2023


                  K.S.Mani Electricals
                  Represented by its Proprietor
                  Mr.K.Subramanian
                  Having Business at No.50, III Cross
                  Velmurugan Nagar
                  Kuyavarpalayam, Puducherry 13.      ... Petitioner in W.P.No.24664/2023


                  G.Kuppusamy & Co,
                  Represented by its Proprietor
                  Mr.J.Vinyagamurthy
                  Having Business at No.50, III Cross
                  Velmurugan Nagar
                  Kuyavarpalayam, Puducherry 13.      ... Petitioner in W.P.No.24666/2023



                                                               Vs.

                  1.The Union of India
                    Rep.by the Chief Secretary
                    Government of Pondicherry
                    Pondicherry.



                  1/30




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                                                                                     W.P.Nos.24664 & 24666 of 2023




                  2.The Secretary
                    Department of Finance
                    Government of Pondicherry
                    Public Works Department
                    Puducherry 605 005.

                  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, II Cross
                    Pon Nagar, Rediyarpalayam, Pondicherry.

                  6.D.Ragunathan
                   Officer on Special Duty
                   Police Department (Retired)
                   No.9, Sai Street, 9th Cross, Krishna
                   Nagar, Puducherry.8                         ...Respondents in both W.P.Nos.

                    (R6-impleaded as per order dated 01.04.2025
                     in WMP.Nos.7614 & 7630/2024 in
                     W.P.Nos.24664 & 24666/2023)




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                                                                                    W.P.Nos.24664 & 24666 of 2023

                  Common Prayer : Writ Petitions filed under Article 226 of the Constitution

                  of India, to issue a Writ of Certiorarified Mandamus, calling for the records

                  relating to the order passed in No.1215/PADSTDC/EW/2023-24 dated

                  10.07.2023 by the fifth respondent and to quash the same and consequently

                  direct the respondents herein to release the funds to the petitioner based on

                  the reports submitted by the Advocate Commissioners under the Civic and

                  Basic Amenities Funds towards the installation of High Mast Lightening

                  System and availing External Service Connection at various places in

                  Pondicherry and Karaikal Region and further in changing of the 400W High

                  Mast Light into LED light fittings at various places in Pondicherry and

                  Karaikal Region.



                                     For Petitioners in
                                     both W.P.Nos.      : Mr.P.V.Balasubramanian
                                                          Senior Counsel
                                                          Assisted by
                                                          Mr.M.Nandhakumar
                                     For Respondents
                                     in both W.P.Nos. : Mr.R.Sreedhar for R1 to R5
                                                         Additional Government Pleader
                                                         (Pondicherry)
                                                          No appearance for R6



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                                                                                        W.P.Nos.24664 & 24666 of 2023



                                                  COMMON ORDER


These Writ Petitions are identical and pertain to similar causes of

action; therefore, they are taken up together and disposed of by this common

order.

2. The prayer in the Writ Petitions challenges the impugned

orders issued to each of the petitioners on 10.07.2023. By this order, the

petitioners' representation for payment of amounts due to them for the

installation of High Mast Lights/Mini Mast Lights, including the foundations

for the light towers and the associated foundation work, was denied.

3. The brief factual matrix in which these writ petitions arise is

that the petitioners are firms engaged in electrical contracting and related

works. They are also registered Class-I contractors with the Public Works

Department of the Government of Union Territory of Puducherry. The

petitioners assert that the fifth respondent corporation has been undertaking

the installation of High Mast Lights/Mini Mast Lights in areas where people

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from the Scheduled Caste community reside, aiming to enhance their safety

and security.

4. The projects have been organised constituency-wise.

Whenever the fifth respondent corporation identifies a project, they will

immediately issue a proceeding outlining the name of the work and the

approximate amount involved. Thereafter, the Assistant Engineer of the fifth

respondent corporation will identify the locations where the High Mast

Lights or Mini Mast Lights need to be erected. The works were carried out by

the petitioners according to the provided directions and specifications.

Earlier, several amounts were also disbursed for the same works. However,

when the petitioners completed the works in the year 2017-18, none of the

payments were released. In fact, since not even a part of the amount was

released, the petitioners could not manage to complete all the works; some of

the High Mast and Mini Mast installations remain incomplete, few are in the

foundation stage, and some were not undertaken at all. Nonetheless, they

have performed the major portion of the work. In total, the petitioner in

W.P.No.24664 of 2023, namely M/s.K.S.Mani Electricals, claims an

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outstanding balance of Rs.7,43,87,000/-. As for the petitioner in

WP.No.24666 of 2023, namely M/s.Kuppusamy and Co, they have completed

works amounting to Rs.9,70,49,000/- for the Pondicherry Region and

Rs.5,76,80,000/-for the Karaikal Region. Not a single rupee has been paid.

Consequently, the petitioners previously approached this Court through

W.P.Nos.32054 of 2019, etc.

5. In the aforementioned writ petitions, orders were issued

appointing Advocate Commissioners on 29.06.2022 to conduct a detailed

inspection and to file reports accordingly. Two Advocate Commissioners

were appointed, one for the Puducherry Region and another for the Karaikal

Region. The relevant order is extracted below for convenient reference;

“There is a serious dispute regarding the quantum of work completed and value thereof. While the report filed by the Engineers of the Pondicherry Electricity Department discloses that most of the high raise masts have not been completed, the petitioner has filed an independent report which discloses that majority of work has been completed.

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2. In order resolve the dispute, with the consent of the learned counsel on either side, Mr.D.Sowndararajan, Advocate, Pondicherry and Mr.Senthil Ragavan, Advocate, Karaikal are appointed as Commissioners to inspect the masts in Pondicherry region and Karaikal region and file a report. The Advocate Commissioners are required to take the assistance of an expert preferably a person who had held a senior position in the Tamil Nadu Electricity Board or its successor corporation. The Commissioners are required to file a report indicating the extent of the work completed and the estimated value thereof. The inputs of the expert may also be incorporated in the report of the Commissioners.

3. The Registry is required to handover the Warrants of Commission to Mr.V.Balamurugan, Government Pleader, Pondicherry, who shall forward it to the Commissioners. The Warrants shall be issued by 06.07.2022. The Commissioners are requested to file their reports preferably by 8th August 2022. The initial remuneration to the Commissioners is fixed at Rs.50,000/- each and the same shall be shared equally by the petitioners and the Government of Pondicherry.”

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6. Accordingly, the Advocate Commissioners inspected all the

locations and provided detailed reports by the constituency. The learned

Commissioner, Mr.D.Soundararajan, has submitted a comprehensive report

consisting of parts A to G, spanning 47 pages. The Commissioner undertook

the task of inspecting each High Mast Light and Mini Mast Light in the

presence of the representatives of the petitioners, experts for valuation, and

officials of the respondents. Accordingly, constituency-wise details are

included in the Commissioner's report, detailing how many locations were

identified, out of which in how many locations the erection is complete and

the unit is working, how many remained incomplete, and in which locations

the work had not started at all etc. Thereafter, concerning both the completed

and incomplete locations, as per the prevailing schedule rates, the

Commissioner, with the assistance of the expert, also assessed the work

undertaken by the petitioners. The final estimated value and work status are

presented in a tabular format regarding M/s. G. Kuppusamy and Co. in Part E,

and M/s. K. S. Mani Electricals in Part F, which are provided below for

reference:

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Part -E The Works Status and my estimated value for the works done by the Writ Petitioner (S.Kuppusamy & Co, Rep.by its Proprietor: J.Vinayagamurthy) in W.P.No.32056 of 2019 for the following constituencies [as per Part-B] are as follows:

Sl.No. Constituency Estimated Value Work Status Major works 1 Lawspet Rs.1,65,07,883/-

completed Totally 2 Muthialpet Rs.13,54,649/-

Incomplete Totally 3 Nellithope Rs.50,37,070/-

Incomplete Mostly 4 Ariyankuppam Rs.12,37,643/-

                                                                                                   Incomplete
                                                                                                   Not             fully
                  5                          Manaveli                     Rs.1,61,16,669/-
                                                                                                   completed
                  6                          Abishekapakkam                Rs.16,16,140/-          Fully completed
                                                                                                   Totally
                  7                          Villianur                      Rs.77,11,024/-
                                                                                                   incomplete
                  8                          Embalam                       Rs.26,87,200/-          Fully completed
                                                                                                   Totally
                  9                          Raj Bahavan                    Rs.1,82,735/-
                                                                                                   incomplete
                                                                                           (Rupees      Five
                                                                                           Crores    Twenty
                                                                                           Four Lakhs Fifty
                                             Total Estimation             Rs.5,24,51,013/-
                                                                                           One     Thousand
                                                                                           and      Thirteen
                                                                                           Only)







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                                                                   Part -F
                                                     The Works Status and my estimated value for

the works done by the Writ Petitioner [K.S.Mani Electrical, Rep by its Proprietor: K.Subramanian] in W.P.No.32054 of 2019 for the following constituencies [as per Part-C] are as follows:

Sl.No. Constituency Estimated Value Work Status Bahour High Not fully 1 Rs.1,42,00,593/-

                                                Mast                                               completed
                                                Bahour          Mini                               Not             fully
                  2                                                         Rs.63,11,540/-
                                                Mast                                               completed
                  3                             Ossudu                     Rs.48,52,043/-          Incomplete
                  4                             Embalam                    Rs.17,68,310/-          Fully Completed
                                                                                                   Not             fully
                  5                             Kamaraj Nagar            Rs.1,02,93,471/--
                                                                                                   completed
                  6                             Raj Bhavan                 Rs.70,33,424/-          Fully completed
                                                                                           (Rupees      Four
                                                                                           Crores Forty Four
                                                                                           Lakhs Fifty Nine
                                                Total Estimation          Rs.4,44,59,381/-
                                                                                           Three Hundred
                                                                                           and Eighty One
                                                                                           Only)









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7. Similarly, regarding the Karaikal Region, the learned

Commissioner Mr.J.Senthil Raghavan conducted a comparable exercise by

constituency, where various locations were inspected. Finally, the work status

performed by K.S.Mani Electricals and its valuation are detailed in Part-E,

while information regarding G.Kuuppusamy and Co., is provided in Part-F,

which is extracted below for easy reference;

Part -E The Works Status and my estimated value for the works done by the Writ Petitioner [K.S.Mani Electrical, Rep by its Proprietor: K.Subramanian] in W.P.No.32054 of 2019 for the following constituencies [as per Part-B] are as follows:

Sl.No. Constituency Estimated Value Work Status Rs.70,18,114/-

                                                Thirunallar High [Rupees Seventy
                                                Mast & T.R. Lakhs Eighteen Not                                    fully

                                                Pattinam    Mini Thousand One completed
                                                Mast.              Hundred and
                                                                  Fourteen Only]









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                                                                                               W.P.Nos.24664 & 24666 of 2023

                                                                   Part -F

The Works Status and my estimated value for the works done by the Writ Petitioner [S.Kuppusamy & Co, Rep by its Proprietor: J.Vinayagamurthy] in W.P.No.32056 of 2019 for the following constituencies [as per Part-C] are as follows:

Sl.No. Constituency Estimated Value Work Status Thirunallar High Not fully 1 Rs.1,35,07,993/-

                                             Mast                              completed
                                             TR     Pattinam                                       Totally
                  2                                                         Rs.4,17,680/-
                                             High Mast                                             incomplete
                                                                                                   Totally
                  3                          Karaikal South                 Rs.7,53,234/-
                                                                                                   incomplete
                                                                                           [Rupees     One
                                                                                           Crore Forty Six
                                                                                           Lakhs   Seventy
                                             Total Estimation             Rs.1,46,78,907/- Eight Thousand
                                                                                           Nine    Hundred
                                                                                           and Seven One
                                                                                           only]


8. Subsequently, the Court heard the matters and issued the

following order, which is extracted below:

“ 8. It is seen from the earlier proceedings of this Court that Advocate Commissioners have been appointed to inspect the masts in Pondicherry Region and Karaikal

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Region and they have been directed to file a report. Further, on a bare perusal of records, it reveals, while seeking for payments for the said erection, the petitioners have not enclosed the work orders issued in their favour. It is true that an expenditure/payments can be done from the ex- chequer only based on proper approval. That being the position, only after proper enquiry, the issue can be resolved. Further, petitioners have to submit proper records before the respondents for getting their payments and if they are entitled, the respondents shall act further for processing their payments.

9. However, considering the limited request made by the learned counsel for the petitioner, without going into the merits of the matter, this Court directs the petitioners herein to submit fresh representation in the above regard along with necessary enclosures to the fifth respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representations, the 5th respondent shall conduct an enquiry with regard to installation of High Mast Lights in Pondicherrty region and Karaikal Region, claimed to have been erected by the petitioners herein and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioners or any other interested parties, within a period of twelve weeks thereafter.”

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9. According to the aforementioned order, the respondents

examined the issue and determined that there was not even a tender, no work

order existed, and there was absolutely no sanctioned expenditure from the

Government. Therefore, they rejected the entire claim made by the

petitioners, leading to the issuance of the impugned orders, which prompted

the filing of the present Writ Petitions.

10. Heard Mr.P.V.Balasubramanian, the learned Senior Counsel

appearing on behalf of the petitioners and Mr.R.Sreedhar, the learned

Additional Government Pleader appearing on behalf of the respondents

1 to 5.

11. The learned Senior Counsel for the petitioners taking this

Court through the initial order dated 05.09.2017, submitted that the

petitioners are not privy to the intra-office and inter-departmental

communications. Whether the Managing Director of PADCO received

expenditure authorisation from the Government and whether there was

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budgetary sanction for the same cannot be considerations for the petitioners.

They were the approved contractors and were periodically directed to install

the High Mast Lights/Mini Mast Lights at various locations identified by the

officials of the fifth respondent; accordingly, they have completed the work

and the lights are functioning. Earlier, when the carried out the works

payments were released but for the current transactions, the payments were

not made, resulting in these Writ Petitions.

12. The learned counsel submits that, regarding the matter, the

concerned Managing Director has received a charge memorandum based on

allegations that he awarded the contract without proper expenditure, thus

causing a loss to the Government. Therefore, the Government can only claim

this loss from him. To date, the Government has not paid a single rupee. The

learned senior counsel further submits that, although the petitioners have

claimed the amount per the original work order and estimate, the Advocate

Commissioners have inspected and assessed the amount based on the

scheduled rates in the presence of a retired Engineer from the Tamil Nadu

Electricity Board who served as an expert. Given that the value has been

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established, the petitioners should at least be awarded the amount determined

by the Advocate Commissioner.

13. The learned senior counsel submits that the lights have been

installed and are functioning in many locations. Additionally, the electricity

connections have been provided, and the commissioners have found that the

lights are operational in the majority of these locations. In the remaining

locations, work could not be fully completed because no funds were released,

and beyond a certain point, the petitioners could not invest their own money

to finish the project. Even without authorization of expenditure , the

respondents having received the benefits according to the principles of

quantum meruit and under Section 70 of the Indian Contract Act, the

respondents are obligated to release the payment.

14. The learned counsel would rely on the judgment of the

Honourable Supreme Court of India in Food Corporation of India and

others Vs. Vikas Majdoor Kamdar Sahkari Mandli Limited1, specifically

1(2007) 13 SCC 544

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referencing paragraphs 19 and 20 of the said judgment, which read as

follows:

“19. The principle of quantum meruit is often applied where for some technical reason a contract is held to be invalid. Under such circumstances an implied contract is assumed, by which the person for whom the work is to be done contracts to pay reasonable for the work done, to the person who does the work. The provisions of this section are based on the doctrine of quantum meruit, but the provisions of the Contract Act admit of a more liberal interpretation; the principle of the section being wider than the principle of quantum meruit. The principle has no application where there is a specific agreement in operation. A person who does work or who supplies goods under a contract, if no price is fixed, is entitled to be paid a reasonable sum for his labour and the goods supplied. If the work is outside the contract, the terms of the contract can have not application; and the contractor is entitled to be paid a reasonable price for such work as was done by him.

20. If a party to a contract has done additional construction for another not intending to do it gratuitously and such other has obtained benefit, the former is entitled to compensation for the additional work not covered by the contract. If an oral agreement is pleaded, which is not proved, he will be entitled to compensation under Section

70. Payment under this Section can also be claimed for

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work done beyond the terms of the contract when the benefit of the work has been availed of by the defendant.” Therefore, he would pray that the Writ Petitions be allowed and that the

respondents be directed to make payments within the time fixed by this

Court.

15. Per contra, Mr.R.Sreedhar, learned Additional Government

Pleader, appearing on behalf of the respondents 1 to 5, places reliance on the

counter-affidavits and certain additional documents filed by the respondents.

He would submit that the fifth respondent, namely Pondicherry Adi Dravidar

Development Corporation Limited, ought not to have indulged in the said

exercise. The then Managing Director, without any expenditure sanction or

permission from the Government, engaged in installing High Mast

Lights/Mini Mast lights. Previously, this exercise was carried out, and

inspections were made regarding the said sites. Proceedings were passed as

far back as the year 2016-17, during which the already installed lights were

inspected, and payments were released. It was ordered that no fresh work

should be undertaken by PADCO without a detailed estimate. The learned

counsel submits that in the earlier works, the total amount involved was also

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less than Rs. 5,00,000/-, and therefore, without any expenditure sanction and

detailed estimate, work orders were granted, which is not the case in the

present instance. The earlier amounts were lower, and although financial

sanction was obtained, only tender was not floated. In the current cases, this

is not so. It has been observed that in many places, the installation was either

incomplete or not functioning. Therefore, it was explicitly ordered that the

works should not be pursued further. The Lieutenant Governor, on

25.09.2017, also directed the authorities to discuss the matter forthwith.

Given the serious allegations made, an order was also issued on 26.09.2017

stating that no proper ground assessment or study for the location of these

lights had been conducted. In certain areas, the street lights themselves are

sufficient, and installing High Mast Lights/Mini Mast lights would only be a

waste of energy. It was further directed that no further erection of High

Masts/Mini Mast lamps should be undertaken without a proper study or

report. Additionally, it was ordered that there shall be no processing of fresh

proposals for the installation of High Mast Lights/Mini Mast Lights without

the prior concurrence of the Secretary.

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16. The learned Additional Government Pleader asserts that,

even after this, the petitioners proceeded with the installation. They are all

Class-I contractors with the PWD Department and are familiar with every

procedure required before undertaking any work. They should not have

proceeded without a proper contract. There is not even a work allotment order

in this case. Therefore, in the absence of sanctioned expenditure for the work

and without a proper contract or tender, the amounts cannot be paid.

Accordingly, when this Court previously directed that the representations be

considered, this was done, and the decision has been rightly rejected; thus,

the petitioners are not entitled to any amounts. In any event, the petitioners

must approach the Civil Court, as the entire liability is disputed and cannot be

litigated before this Court under Article 226 of the Constitution of India.

17. I have considered the rival submissions and reviewed the

material records of the case.

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18. The first question to be decided is whether the petitioners

should be relegated to the Civil Court or if this Court can resolve the issue

under Article 226 of the Constitution of India. This case does not involve a

decision on liability due to any flaw or interpretation regarding the contract.

Additionally, this is not a matter relating to the determination of quantum, as

the respondents now seek to negate the entire claim. The rights and liabilities

of the parties in this case extend beyond the contractual realm and pertain to

issues of arbitrariness, propriety, and proportionality. Further, earlier the writ

petitions were entertained and Advocate Commissioners were appointed and

final orders were passed and this is a second round of litigation which was

already entertained on merits. Therefore, I hold that the petitioners need not

be relegated to the Civil Court, and this Court can entertain the issue under

Article 226 of the Constitution of India.

19. The next question is whether the petitioners are entitled to

payment. As rightly contended by the learned Additional Government

pleader, all is not well with the petitioners. They are Class-I contractors

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registered with the Public Works Department. When they are now claiming

for work done amounting to about Rs. 24 Crores in total, it is undertaken

without even a tender or a written work order. It cannot be said that the

petitioners are not concerned with the inter-office procedure. They cannot

plead complete ignorance of the procedure. Having said that, the actions of

the Government of Puducherry are even more startling. It is not in the regular

business of the fifth respondent, namely, the Puducherry Adi Dravidar

Development Corporation Limited, to provide lighting. Even the High Mast

lights should be provided in advantageous locations by the local bodies. In

the name of providing illumination to the Scheduled Caste resident colonies,

they have chosen all locations throughout various constituencies in the

Puducherry and Karaikal regions and taken up this responsibility to

themselves.

20. Firstly, this amounts to the siphoning of funds allocated to

the Corporation for the Welfare of the Scheduled Caste Community towards

general projects as except in a few locations where towers are situated for the

benefit of the Scheduled Caste people, not all towers are located solely in

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such areas. Further when no budgetary sanction has been obtained, and the

Government took serious objections despite the matter being flagged by the

Lieutenant Governor as early as 2017, the Government of Puducherry has not

moved an inch. If it is their case that even the petitioners colluded with the

Managing Director, a criminal complaint ought to have been lodged in this

regard. We are now in the year 2025, the proceedings started from 2017 to

2019 . It is submitted that vigilance inquiry is still pending for about 8 years.

That is unacceptable. To top it all, a charge memorandum has been issued to

the then Managing Director, who is now also impleaded as a party

respondent in the Writ Petitions. This memorandum contains one charge that

the individual caused a loss to the Government without obtaining the

necessary expenditure. Therefore, the charge is also framed as if the

government has to pay the money. No conspiracy or collusion is alleged

against the petitioners.

21. Given this position, there was absolutely no communication

from the Government of Puducherry between 2017 and 2019, even when

further inspections were conducted to the petitioners. No communication was

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issued to the petitioners against the installation of the high mast lights.

Neither the local authorities were instructed to remove them or question why

they were erected.

22. On the contrary, the report from the Commissioner reveals

that electricity connections have been established for the High Mast Lights,

which are currently in operation. The connections were taken by the Local

bodies in their name. The learned Additional Government Pleader argues that

these connections were made only for testing purposes. However, the learned

counsel for the petitioners presents periodic electricity bill statements to

support the assertion that many of these lights are burning continuously and

are in regular use. Thus, it can be seen that apart from the absence of

accusation of collusion or conspiracy, there is also a positive action from the

local bodies in making use of the installations of the petitioners.

23. In this factual background, when both sides are on the wrong

side of the law, this Court, in exercising its jurisdiction under Article 226 of

the Constitution of India, should proceed only in the public interest.

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Therefore, neither the claim of the petitioners can be accepted, nor can the

Government of Puducherry, after accepting the services and goods of the

petitioners, can be permitted to assert that it will not pay any amount. The

Director of Local Administration, along with the Commissioner of the

concerned Municipality, or the official of Local Body concerned, with one

official not below the rank of Executive Engineer from the Public Works

Department, shall inspect each of the High Mast/Mini mast lights. If it is

found to be necessary and useful to the location, as per the valuation that was

made by the Advocate Commissioners, shall pay the amount to the locations.

If the works are incomplete then such proportionate amounts be paid and the

balance work can be completed by the local body concerned. Wherever, the

officials find that the installations, as unnecessary and not useful for the

general public, the petitioners shall be informed in writing and the petitioners

shall be entitled to remove their materials. The inspection be done in the

presence of the petitioners or their representatives if they choose to be present

on the dates intimated by the authorities. The above will align with the

equitable principle of quantum meruit as also the principles as per Section 70

of the Indian Contract Act, 1872. On the contrary, the impugned orders

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totally denying any amount to the petitioners cannot be sustained. On the one

hand, the Government cannot use the High Mast/Mini Mast Lights though

installed without proper procedure and deny the payment also on the ground

of propriety. They cannot now return all the goods after their usage for about

eight years.

24. In view thereof, the Writ Petitions are disposed of on the

following terms:

(i) The impugned orders bearing ref: No.1215/PADSTDC/EW/2023-24

dated 10.07.2023 shall stand quashed;

(ii) The Director of Local Administration, along with the Commissioner of

the concerned Municipality, or the official of Local Body concerned, with

one official not below the rank of Executive Engineer from the Public

Works Department, shall inspect each of the High Mast/Mini mast lights

installed by the petitioners and as mentioned in the Advocate

Commissioner’s report;

(iii) If they find the installation of High Mast/Mini Mast Light is

appropriate and useful in the location to the general public, then as per the

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valuation that was made by the Advocate Commissioners, the petitioners

be paid for the installations;

(iv) If the works are incomplete also then such proportionate amounts be

paid as per the Advocate Commissioner’s report and the balance work can

be completed by the local body concerned;

(v) Wherever, the officials find that the installations, as unnecessary and

not useful for the general public, the petitioners shall be informed in

writing and the petitioners shall be entitled to remove their materials;

(vi) The inspection be done in the presence of the petitioners or their

representatives if they choose to be present on the dates intimated by the

authorities;

(vii)The inspection shall be carried out within twelve weeks from the date

of receipt of the web copy of the order without waiting for the certified

copy of the order;

(viii)Upon completion of the exercise, due orders can be passed intimating

the amount due to the petitioners and the locations were the petitioners

have to dismantle and take back their belongings;

(ix)The amount as above shall be paid within a period of 12 weeks from

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the date of such order. If the exercise is completed as per the above, the

petitioners will not be entitled to any further interest. If the above process

is delayed by the respondents then the petitioners will be entitled for 6%

interest on the amounts found due from today.

(x) No costs.

01.04.2025

Neutral Citation : No dna

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To

1.The Chief Secretary Government of Pondicherry Pondicherry.

2.The Secretary Department of Finance Government of Pondicherry Public Works Department Puducherry 605 005.

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, II Cross Pon Nagar, Rediyarpalayam, Pondicherry.

6.D.Ragunathan Officer on Special Duty Police Department (Retired) No.9, Sai Street, 9th Cross, Krishna Nagar, Puducherry.8

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D.BHARATHA CHAKRAVARTHY, J.

dna

W.P.Nos.24664 & 24666 of 2023

01.04.2025

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