P.T.Krishnaswamy v. The Superintending Engineer

ORDER This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner dated 19.02.2026, wherein the petitioner has sought for the immediate handing over of the sites for the culverts at KM 1/4, 3/0, 4 and 5/9 of the Grand Southern Trunk Road, the conduct of final joint measurements and release of the pending part bill of approximately Rs.23,00,000/- along with interest for the completed work at KM 9/8 and the confirmation of the applicability of the Price Variation clause for the remaining works at Km 1/4, 3/0, 4 and 5/9 as per the work order dated 20.02.2022 and agreement dated 6.04.2022, within a time frame as fixed by this Court.

¶2Heard the learned counsel appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

¶3It is the case of the petitioner that he is a registered Class I Civil Engineering Contractor and was assigned with the contract by the respondent to construct precast box culverts at Km 1/4, 3/0, 5/9, 9/8, 12/2, 4 of Grand Page3 of 5 Southern Trunk Road and thereby, an agreement was executed on 06.04.20222 for handing over the completed works, within a period of six months. He also received payment for the completed works at Km 12/2 and 12/4, but however the respondent failed to record the final joint measurements for the construction of culvert at Km 9/8 in June 2023, resulting in wrongful withholding of petitioner's dues amounting to Rs.23 lakhs for more than 2 ½ years and in view of the same, they failed to hand over the remaining sites at Km 1/4, 3/0, 4 and 5/9, due to the inordinate delay of the respondent, the petitioner faced severe financial crisis due to price escalation and non utilization of machinery and man power. Hence, the petitioner made a detailed representation on 19.02.2026 to the respondent for handing over the pending sites and also to release the pending part bill payment for the completed work, however there was inaction on part of the respondent, which led the petitioner to file the present Writ Petition.

¶4In view of the limited prayer sought for by the petitioner in this Writ Petition, there shall be a direction to the respondent to consider the petitioner's representation dated 19.02.2026 and to pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Page4 of 5

¶5With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 09-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy on 15.04.2026 DP To The Superintending Engineer Highways Department, Construction and Maintenance, Chennai circle, Chennai 06 Page5 of 5

M.DHANDAPANI, J. DP 09-04-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI P.T.Krishnaswamy S/o. Thirumalaiswamy Chettiar, No. 15 Chella Pillaiyar Koil Street, 2nd Lane, Royapettah, Chennai 14 ..Petitioner(s) Vs The Superintending Engineer Highways Department, Construction and Maintenance, Chennai circle, Chennai 06 ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 19.02.2026 wherein the petitioner has sought for the immediate handing over of the sites for the culverts at KM 1/4 , 3/0 , 4 and 5/9 of the Grand Southern Trunk Road, the conduct of final joint measurements and release of the pending part bill of approximately Rs. 23,00,000/- along with interest for the completed work at KM 9/8 and the confirmation of the applicability of the Price Variation clause for the remaining works at Km 1/4 , 3/0 , 4 and 5/9 as per the work order dated 20.02.2022 and agreement dated 6.04.2022 within a time frame fixed by this Honble court. Page2 of 5 For Petitioner(s): Mr.V.Elangovan For Respondent(s): Mr.M.Rajendiran, AGP