P ARUN KUMAR Vs. GOVERNMENT OF TAMIL NADU; CHIEF ENGINEER; SUPERINTENDING ENGINEER; DIVISIONAL ENGINEER; CHIEF ACCOUNTS OFFICER

JUDGEMENT

(1.) The issue involved in these writ petitions is one and the same and hence, both these writ petitions are disposed of by this common order.

(2.) The petitioner would state among other things that it's proprietorship concern, namely M/s.Gowpatt Associates, Chennai-600086 was awarded contract for widening the two lane road between Vandalur and Kelambakkam between Kms 44/0 and 48/0, vide letter dated 21.06.2007 issued by the third respondent and the total value of the tender is Rs.8,32,83,682/-. According to the petitioner, his concern had scrupulously adhered to the terms and conditions of the tender and the work done by it was also reviewed periodically and found to be satisfactory. However, there was some difficulty in relocating the drinking water pipelines and electric poles on account of which, the work entrusted to the petitioner could not progress as per schedule and hence, the concerned respondent has decided to impose a weekly fine of Rs.1,00,000/- on the petitioner for the alleged slow progress and the petitioner has also brought to the knowledge of the respondents, vide letter dated 02.09.2008, with regard to various hurdles that had impeded the progress of the work, which includes delay and in-action on the part of the Highways Department in not removing the drinking water pipelines and electric poles. The petitioner has also sent a reminder dated 28.03.2009 and the second respondent, vide letter dated 08.03.2010, had accepted the explanation offered by the petitioner and ordered waiver of fine/forfeiture of Rs.20,65,000/- and directed the fourth respondent to refund the same. However, inspite of such a recommendation, the said amount has not been refunded and the petitioner, in this regard, submitted very many reminders and therefore, the petitioner came forward to file this writ petition.

(3.) The petitioner was awarded contract for widening the two lane road between Vandalur and Kelambakkam between KMs 48/0 and 51/0, vide letter dated 03.08.2007 issued by the third respondent and the total value of the tender is Rs.7,04,03,779/-. The petitioner would further contend that though it has performed its work satisfactorily, a weekly fine of Rs.1,00,000/- was imposed, alleging slow progress of work and vide representation dated 02.09.2008, has brought to the knowledge of the respondents about the hurdles that had impeded the progress of the work, which includes delay and in-action on the part of the Highways Department in not removing the drainage pipelines and electric poles, followed by a reminder dated 28.03.2009. The second respondent has accepted the explanation and vide order dated 08.03.2010, has ordered waiver of fine/forfeiture of Rs.20,65,000/- and directed the fourth respondent to refund the same at the earliest. However, no orders have been passed and the petitioner submitted very many representations and since, no response is forthcoming, came forward to file this writ petition.