SWAMINATHAN CONSTRUCTION Vs. DIVISIONAL ENGINEER NATIONAL HIGHWAYS THANJAVUR

JUDGEMENT

(1.) The petitioner, who submitted a tender for reconstruction of a bridge at Kms. 5/6, Sembanarkoil Nallodai Road across the Kadaladi river within the jurisdiction of the second respondent, was entrusted with the above-said contract by the respondents herein under an agreement dated 21-12-1999. The value of the contract as per the said agreement dated 21-12-1999 is Rs. 92,13,377/- and the petitioner was expected to complete the work on or before 20-9-2000.

(2.) Concedingly, the petitioner-contractor completed the work in all respects on 25-2-2001, raised a final bill for a sum of Rs. 6,17,374/- and also requested for refund of the security deposit, viz., a sum of Rs. 1,38,268/-. As the said dues were not settled, the petitioner has preferred the above writ petition seeking the issue of writ of Mandamus directing the respondents to pay the petitioner all amounts due including the final bill and security deposit.

(3.) Mr. M. S. Palanisamy, learned Additional Government Pleader appearing for the respondents, placing reliance on the averments stated in the paragraph 8 of the counter affidavit filed on behalf of the respondents, has fairly stated that the final bill due to the petitioner-contractor would be paid soon after the approval of the revised administrative sanction proposals by the Government. In paragraph 10 of the counter-affidavit, the respondents have stated that the final payment of the work could be made to the petitioner-contractor only after the approval of the revised administrative sanction proposals by the Government. Therefore, the liability of the respondents to settle the final dues to the petitioner-contractor is not disputed at all.