N. NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed to direct the second respondent to consider the representation of the petitioner, dtd. 26/9/2022 and refund the sum of Rs.3,23,790.00 with interest at the rate of 12% p.a., from 1/1/2016 till date.

(2.) It is the case of the petitioner that the petitioner was issued with the work orders, under the Tamil Nadu Urban Road Infrastructure Project 2011 - 12, dtd. 22/11/2020, for the work of "laying of cement concrete roads, in Ward Nos.43 & 45" and the work order, dtd. 9/2/2012, under Special Road Programme 2010 - 11, for the work of "laying of cement concrete roads, in Ward Nos.1,3,7,9,11,12,13,15,17 and 18. In spite of the successful completion of these projects, respondents have refused EMD and FSD amounts to the petitioner to the tune of Rs.6,44,040.00.

(3.) Amounts retained by the respondents are only to ensure that quality of the work done is proper. Once the defect liability period is over, amount ought to be refunded by the respondents to the petitioner. But the respondents failed to repay. Hence the petitioner had made representations, dtd. 18/12/2014, 14/12/2017, 7/12/2020 and 6/1/2021 to the respondents. Since the same has not been refunded, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.