M/S. NEELANKANTAN BROTHERS CONSTRUCTION PRIVATE LIMITED Vs. DIVISIONAL ENGINEERS (NII) NO. 11, DIVISION MADURAI-2,

JUDGEMENT

(1.) The appellant filed Writ Petition No. 5624 of 1984 seeking a writ of Certiorari to quash the order of the Tahsildar dated 28.8.1984. The said proceedings of the Tashildar says that the work of widening and strengthening of certain pavements had been entrusted to the appellant in the following reaches.

(2.) That apart, in our view, the decisions of the Supreme Court and our own High Court clearly lay down the proposition that where damages are recoverable under a contract and there is dispute regarding the quantum of damages, one party to the contract cannot determine the quantum of damages by itself unilaterally and claim the same from the other party by resorting to the Revenue Recovery Act. We have only to cite the judgment of the Supreme Court in State of Karnataka v/s. Rameshwara Rice Mills, Thiruthnali reported in : A.I.R. 1987 S.C.1359. The following passage in the said judgment amply supports view taken by us.

(3.) For all the above reasons, we are not inclined to accept the view taken by the learned single judge and hold (hat the letter dated 28.2.1984 of the Tahsildar cannot be enforced against the appellant by resorting to the Revenue Recovery Act. It is always open to the respondents to file a civil suit and indeed they have filed such suits in this regard and therefore, no prejudice is caused to the respondents. In this view of the matter, this writ Appeal is allowed. The impugned order of the Tahsildar is quashed subject to the right of the Government to recover the same in the civil proceedings. No Costs.