CHANDRAGIRI CONSTRUCTION COMPANY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE dispute involved in both the writ petitions pertains to one and the same contract, therefore, by consent of counsel for both sides, the writ petitions are disposed of by this common order.

(2.) THE first writ petition namely WP No. 3379 of 2009 is filed by the contractor to quash the Government Letter dated 12.12.2009 rejecting the petitioner's claim for payment at the revised rate. THE second writ petition is filed to quash the order passed by the 5th respondent on 16.02.2009 by which the fifth respondent terminated the contract with the petitioner and ordered to forfeit the earnest money deposited, besides invoking clause 57.1 and 57.3 of the agreement for not showing progress in the contractual work.

(3.) AS far as the second writ petition in WP No. 3623 of 2009 is concerned, which relates to termination of the contract, the learned senior counsel for the petitioner would contend that there is malafide on the part of the third respondent/Superintending Engineer and therefore, he was impleaded in his individual capacity as well as official capacity. It was further contended that the fourth respondent had terminated the contract without any basis and that the contract was terminated only due to malafide and he prayed for allowing of the writ petitions.