SUBAYA CONSTRUCTIONS COMPANY LIMITED Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner had entered into an agreement with the respondent/Tamil Nadu Water Supply and Drainage Board on 5/1/2016, a copy of which had been filed along with the Writ Petition.

(2.) In the affidavit filed in support of this Writ Petition, it had been stated that the petitioner had been awarded with a work of Underground Sewerage Scheme to Karaikudi Muncipality in Sivagangai District. As stated, the agreement was dtd. 25/1/2016. The contractual period of completion was 24. 07.2018. We are now in 18/11/2021, three years later.

(3.) It is claimed by the petitioner that he was allowed to commence the work only on 15/5/2017. That is an issue on fact, which has to be decided only on the basis of materials, which have to be presented by the petitioner and also accepted by the respondents. In the affidavit, the petitioner had given further details that he had been asked to stop the work owning to an order of status-quo granted by National Green Tribunal, Chennai. It has been stated that only thereafter the work commenced. Again, this is an issue on fact, which has to be examined.