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2024 DIGILAW 644 (MAD)

J. Balaji v. State Government of Tamil Nadu, Rep. by Additional Chief Secretary, Government Tourism, Culture and Religious Endowment Department, Chennai

2024-03-08

ANITA SUMANTH

body2024
JUDGMENT : (Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to make the balance payment of a sum of Rs.19,52,930/- and 13.20,932/- to the petitioners respectively based on the representation of the petitioners dated 08.07.2023.) 1. Mr. M.R. Gokul Krishnan, learned Additional Government Pleader accepts notice for the respondents and is armed with instructions to enable final disposal of these Writ Petitions, even at the stage of admission. 2. The petitioner in W.P.No.6229 of 2023 is the sole proprietor running an establishment under the name and style of Jayam Enterprises at Chennai – 600 041. He claims to be a registered class III contractor for the Public Works Department (PWD) of the State of Tamil Nadu. The petitioner in W.P.No.6231 of 2024, S.Veeran, claims to be a registered class I contractor for the Public Works Department (PWD) of the State of Tamil Nadu. 3. The petitioners were engaged by the Government College of Architecture and Sculpture (CGAS), Mamallapuram on 28.02.2020 to carry out certain works as approved by the Additional Chief Secretary to Government, Tourism, Culture and Religious Endowment Department under letter LR.No.2105/C11/2020 dated 25.02.2020. The scope of engagement of the petitioner in W.P.No.6229 of 2024 was as follows: a. Special repairs to electrical arrangements, fitting and fans in library and architectural design dept., b. Special repairs to the LTUG cables and electrical arrangements, fitting and fans in Sudhai dept. c. Special repairs to the Electrical arrangements fitting and fans in computer hall and toilet d. Special repairs to the electrical arrangements fitting and fans in main building in GCAS, Mamallapuram. 4. The scope of engagement of the petitioner in W.P.No.6231 of 2024 was as follows: a. Special repairs to external walls and joineries in wood and stone section and computer science block (approved vide reference 2nd), in GCAS, Mamallapuram. b. Special repairs to paver block pathway from wood section to new work shop building, in GCAS, Mamallapuram. c. Special repairs to overhead tank in main building and workshop building in GCAS, Mamallapuram. d. Special repairs to water supply line from main building and workshop building in GCAS, Mamallapuram. e. Special repairs to toilet block neat wood section, d. Special repairs to roof and walls in display hall section in GCAS, Mamallapuram. c. Special repairs to overhead tank in main building and workshop building in GCAS, Mamallapuram. d. Special repairs to water supply line from main building and workshop building in GCAS, Mamallapuram. e. Special repairs to toilet block neat wood section, d. Special repairs to roof and walls in display hall section in GCAS, Mamallapuram. f. Special repairs to roof and walls in display hall section in GCAS, Mamallapuram. f. Special repairs to partition works in computer science block, in GCAS, Mamallapuram. g. Special repairs to the wall and toilet in Computer science block in GCAS, Mamallapuram. 5. Both the petitioners claim to have completed the works along with four other contractors and also state that the works have been completed to the satisfaction of the respondents. The petitioners, in respect of the work allotted to them have raised invoices for a sum of Rs.19,52,930/- (W.P.No.6229 of 2024) and Rs.13,20,932/- (W.P.No.6231 of 2024) which remain outstanding. 6. Hence, these Writ Petitions seeking a mandamus directing the respondents to make good the payment, for which purpose, the petitioners have also made a representation to the respondents. 7. The compilations annexed to the writ petitions contain tabulations issued by the Executive Engineer, PWD, Technical Education Division, Chennai 25 dated 26.02.2024 and 22.09.2023 respectively setting out name of the work, estimate and the actual value of the work done in respect of each category of work at page 42 and page 43 thereof, respectively. The tabulations read as follows: W.P.No.6229 of 2024: SI. No. Name of Work Est. Amount in Rs. Value of Workdone in Rs. 1. Special repairs to electrical arrangements, fittings and fans in library and architectural design dept in GCAS, Mamallapuram 4,95,000 4,86,485 2. Special repairs to the LTUG cables and electrical arrangements, fittings and fans in Sudhai dept in GCAS, Mamallapuram 5,00,000 4,90,792 3. Special repairs to the Electrical arrangements, fittings and fans in Computer hall and toilet in GCAS, Mamallapuram 4,95,000 4,84,933 4. Special repairs to the Electrical arrangements, fittings and fans in main building in GCAS, Mamallapuram 5,00,000 4,90,720 Total amount to be paid to M/s.Jayam Enterprises 19,90,000 19,52,930 W.P.No.6231 of 2024: SI. No. Name of Work Est. Amount in Rs. Value of Workdone in Rs. 1. Special repairs to external walls and joineries in wood and stone section and computer science block (approved vide reference 2nd ) in GCAS, Mamallapuram. 3,00,000 2,97,810 2. No. Name of Work Est. Amount in Rs. Value of Workdone in Rs. 1. Special repairs to external walls and joineries in wood and stone section and computer science block (approved vide reference 2nd ) in GCAS, Mamallapuram. 3,00,000 2,97,810 2. Special repairs to paver block pathway from wood section to new work shop building in GCAS, Mamallapuram 1,00,000 98,031 3. Special repairs to over head tank in main building and workshop building in GCAS, Mamallapuram 1,00,000 98,117 4. Special repairs to water supply line from main building and workshop building in GCAS, Mamallapuram 1,00,000 99,425 5. Special repairs to toilet block near wood section in GCAS, Mamallapuram 1,00,000 97,531 6. Special repairs to roof and walls in display hall section in GCAS, Mamallapuram 1,00,000 99,107 7. Special repairs to partition works in computer science block in GCAS, Mamallapuram. 2,90,000 2,86,991 8. Special repairs to the wall and toilet in Computer science block in GCAS, Mamallapuram 2,50,000 2,43,920 Total amount to be paid to Thiru S. Veeran 13,40,000 13,20,932 8. The petitioners, incidentally, bring to the notice of the Court that out of the total six contractors engaged for the works to be carried out in GCAS, Mamallapuram, four contractors have already approached this Court in W.P.Nos.25270, 25272, 25285 & 25286 of 2023 and their similar request was disposed on 09.10.2023 granting the respondents a period of eight (8) weeks to ensure that the amounts are paid with a note of caution to respondents that if the period of payment exceeds eight (8) weeks, then R2 will be liable to pay interest on the delayed remittance. 9. Mr.Gokul Krishnan, learned Additional Government Pleader for the respondents accedes to the authenticity of document at pages 42 and 43 of the respective Writ Petitions and the tabulation made therein as the quantification of the amount has been made by the Executive Engineer, PWD. He would also accede to the fact that the order passed in the case of other contractors on 09.10.2023 would be equally applicable to the present contractors. 10. Hence, there is a direction to the respondents to settle the outstandings due to the petitioners, quantified at a sum of Rs.19,52,930/- (W.P.No.6229 of 2024) and Rs.13,20,932/- (W.P.No.6231 of 2024) within a period of eight (8) weeks from date of receipt of a copy of this order. 10. Hence, there is a direction to the respondents to settle the outstandings due to the petitioners, quantified at a sum of Rs.19,52,930/- (W.P.No.6229 of 2024) and Rs.13,20,932/- (W.P.No.6231 of 2024) within a period of eight (8) weeks from date of receipt of a copy of this order. It is made clear that if the period exceeds the period stipulated above, R2 will be liable to pay interest on the delayed remittances. 11. These Writ Petitions are disposed in the aforesaid terms. No costs.