MANAGING DIRECTOR TAMIL NADU FILM DEVELOPMENT CORPORATION LTD DR M G R FILM CITY TARAMANI Vs. R RAJARAMAN MANAGING DIRECTOR PROTECTION AND CONTROL ELECTRIC SYSTEMS PRIVATE LTD PACE SYSTEMS FLAT NO 2 B BLOCK II 5TH STREET NANDANAM EXTENSION CHENNAI 600 035

JUDGEMENT

(1.) AGGRIEVED by the order of the learned single Judge dated 8.10.2003 made in W.P.No.16155 of 2000, the Tamil Nadu Film Development Corporation Ltd., Dr. M.G.R. Film City,Taramani,Chennai600 113, has filed the above writ appeal.

(2.) THE first respondent herein/writ petitioner in W.P.No.16155 of 2000, prayed for issuance of a Writ of Mandamus directing the respondents 3 and 4 therein, viz., the Tamil Nadu State Construction Corporation Ltd., Chennai106 and the Tamil Nadu Film Development Corporation Ltd., Chennai113 to release payments inclusive of the security deposit amounts all aggregating to a sum of Rs.16,56,847/- to the petitioner towards the works carried out, along with interest at 18% per annum.

(3.) THE Managing Director of the Tamil Nadu State Construction Corporation Ltd. third respondent has filed a counter affidavit, wherein it is stated that though the agreement was entered into between the petitioner Company and the third respondent, payment for all the works undertaken by the said Company was hitherto made only by 4th respondent and the third respondent did not make any payment to the petitioner Company. Further, the claim is barred by limitation. THEre are disputed questions of fact involved and the third respondent is not admitting the claim as made by the petitioner. THErefore, the petitioner cannot invoke Article 226 of the Constitution of India for the relief sought for. THE third respondent received only sum of Rs.1.32 lakhs towards security deposit and EMD and not received the amount as alleged by the petitioner. In any event, it is only the 4th respondent, who is liable to make payment if any in accordance with law. THE third respondent has only recommended for payment by the Tamil Nadu Film Development Corporation Ltd.