N. KANNAN Vs. SPECIAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Appeal is preferred challenging the order passed by the learned Single Judge in W.P(MD)No.17152 of 2013 which was filed challenging the letter bearing Ka.No.118m/va.pa/va.a.2/ko.46(11)/2013 dtd. 10/9/2013 and the consequential letter bearing Ka.No./va.pa/va.a. 2/ko.46(11)/2013 dtd. 3/10/2013 issued by the fifth respondent, quash the same and consequently direct the respondents to reschedule the quantity of work carried out by the Appellant and prepare finished level chart with the help of expert committee consisting of the respondents 4 and 7 and disburse the amount payable to the Appellant on the basis of reschedule.

(2.) The Appellant / Petitioner's Counsel contended that the Appellant is a registered contractor of the Public Works Department for the past five years, who has an unblemished record. The Periyar Dam was constructed during the year 1995 and that Dam is continuously maintained by the Tamil Nadu Public Works Department. The Periyar Dam water is being utilized for power generation and drinking purposes, besides irrigation purposes through a leading channel off take at Thekkady boat landing and ends at Thekkady Head Sluice. The said leading channel was heavily silted, thereby affecting the free flow of water.

(3.) At the instance of the empowered Committee, the Hon'ble Supreme Court was pleased to permit the Government of Tamil Nadu to carry out the work of clearing silt and debris in the leading channel. For this purpose, the Hon'ble Supreme Court constituted a three member Committee headed by the Director of Central Water Commission. The respondents 4 and 7 were the members of the said Committee constituted for the purpose of monitoring the clearing work in the leading channel.