High Court · 2025

WP No. 32611 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-12-2025CORAMTHE HONOURABLE MR JUSTICE N. SATHISH KUMARWP No. 32611 of 2025ANDWMP NO. 36545 OF 2025N.Paneerselvam,Sole Proprietor, Sabari Constructions, M-158, 9th Cross Street, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai- 41.Petitioner(s)Vs1.State Of Tamil Nadu,Rep By Its Chief Secretary Secretariat, Fort St. George, Chennai- 09.2.The Secretary,Public Works Department Secretariat, Fort St. George, Chennai- 09.3.The Superintending Engineer,Public Works Department, Building (C And M) Circle- 1, (Medical Works), Chepauk, Chennai-05.4.The Secretary,Health And Family Welfare Department, Secretariat, Fort St. George, Chennai- 09.5.The Secretary,Department Of Welfare Of The Differently Abled, Secretariat, Fort St. George, Chennai- 09. https://www.mhc.tn.gov.in/judis WP No. 32611 of 20256.The Director,State Commissionerate For Welfare Of The Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-05.7.The Chief Engineer (General)Public Works Department, Chepauk, Chennai- 05.8.The Chief Engineer,Public Works Department, Chennai Region Chepauk, Chennai- 05.9.The Executive Engineer,Public Works Department, Building Construction And Maintenance Division 3, Public Works Department Buildings Chepauk, Chennai- 05.10.The Secretary To Government Of India,Ministry Of Social Justice And Empowerment, New Delhi. (R10 Suo Motu Impleaded Vide Order Dated 28.08.2025 Made In WP.32611/2025 By NAVJ)Respondent(s)PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the Respondents to forthwith release the balance sum of Rs.2,79,61,821 /- together with interest at the rate of 18 percent p.a from 15.03.2023 till the date of payment.For Petitioner(s):Mr.S.VasudevanFor Respondent(s):Mr.P.MuthukumarAdditional Advocate GeneralAssisted by Mrs.S.Anitha https://www.mhc.tn.gov.in/judis WP No. 32611 of 2025Special Government PleaderFor R1 to R3, R5 to R9 Mr.E.Sundaram G.A For R4Dr.K.KannanSenior Panel Counsel For 10ORDERThis writ petition has been filed by the petitioner seeking to direct the respondents to forthwith release the balance sum of Rs.2,79,61,821 /- together with interest at the rate of 18 percent p.a from 15.03.2023 till the date of payment.2.Learned counsel for the petitioner would submit that the matter pertains to the final settlement of accounts under Agreement No.25/22-23, entered into between the Public Works Department and the petitioner for the construction of barrier free structures and access for the disabled in all the buildings at Rajiv Gandhi Government General Hospital, Chennai. The petitioner submitted a tender for a sum of Rs.5,73,92,282/-, which was accepted by the respondents by the Tender Award Committee held on 09.05.2022. Therefore, the approximate value of the work to be done under the Agreement by the petitioner is Rs.5,73,92,282/-(including GST @ 12%). While so a part payment of Rs.2,91,00,000/- was released on 15.03.2023, however, a balance sum of Rs.2,73,92,282/- remained unpaid. Out of which, a sum of Rs.1,36,96,141/- https://www.mhc.tn.gov.in/judis WP No. 32611 of 2025(being 50% of the approved balance amount of Rs.2,73,92,282/-) has been released by the 10th respondent by way of Bank transfer and the remaining 50% amount is yet to be disbursed.3.Learned Senior Panel Counsel appearing for the 10th respondent would submit that the remaining 50% amount out of Rs.2,73,92,282/- will be disbursed by the 2nd week of January, 2026. In this regard, letter of undertaking dated 17.12.2025 given by the 10th respondent is also placed before this Court and the same is taken on record.4.Considering the submissions and the letter of undertaking dated 17.12.2025, the 10th respondent is directed to disburse the balance 50% amount out of Rs.2,73,92,282/- on or before 20.01.2026. Failure to disburse the aforesaid amount on or before 20.01.2026, shall attract contempt proceedings.5.with the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.18-12-2025rstIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 32611 of 2025To1.State Of Tamilnadu,Rep By Its Chief Secretary Secretariat, Fort St. George, Chennai- 09.2.The Secretary,Public Works Department Secretariat, Fort St. George, Chennai- 09.3.The Superintending Engineer,Public Works Department, Building (C And M) Circle- 1, (Medical Works), Chepauk, Chennai-05.4.The Secretary,Health And Family Welfare Department, Secretariat, Fort St. George, Chennai- 09.5.The Secretary,Department Of Welfare Of The Differently Abled, Secretariat, Fort St. George, Chennai- 09.6.The Director,State Commissionerate For Welfare Of The Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-05.7.The Chief Engineer (General)Public Works Department, Chepauk, Chennai- 05.8.The Chief Engineer,Public Works Department, Chennai Region Chepauk, Chennai- 05.9.The Executive Engineer,Public Works Department, Building Construction And Maintenance Division 3, Public Works Department Buildings Chepauk, Chennai- 05.10.The Secretary To Government Of India,Ministry Of Social Justice And Empowerment, New Delhi. https://www.mhc.tn.gov.in/judis WP No. 32611 of 2025N.SATHISH KUMAR J.rstWP No. 32611 of 2025AND WMP NO. 36545 OF 202518-12-2025 https://www.mhc.tn.gov.in/judis WP No. 32611 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 12.01.2026CORAM :THE HONOURABLE MR. JUSTICE N. SATHISH KUMARW.P.No.32611 of 2025andW.M.P.No.36545 of 2025N.PanneerselvamSole Proprietor,Sabari Constructions,M-158, 9th Cross Street,Thiruvalluvar Nagar, Thiruvanmiyur,Chennai – 41.... PetitionerVs.1.State of Tamil Nadu, Represented by its Chief Secretary, Secretariat, Fort St. George, Chennai – 09 and 9 others... RespondentsFor Petitioner:Mr.S.VasudevanFor Respondents:Mr.P.MuthukumarAdditional Advocate Generalassisted by Mrs.S.AnithaSpecial Government Pleaderfor R1 to R3, R5 to R9Mr.E.Sundaram,Government Advocate for R4Dr.K.KannanSenior Panel Counsel for R10O R D E RToday, the matter is listed under the caption “for being mentioned”. https://www.mhc.tn.gov.in/judis WP No. 32611 of 20252.Heard the learned counsel on either side.3.In view of the submissions made by the learned counsel on either side, Para No.4 of the final order dated 18.12.2025 in W.P.No.32611 of 2025 shall read as follows :“4.Considering the submissions and the letter of undertaking dated 17.12.2025, the 10th respondent is directed to disburse the balance 50% amount out of Rs.2,73,92,282/- on or before 20.01.2026 to the 5th respondent and the 5th respondent, in turn, shall disburse the said amount to the petitioner within a week thereafter. Failure to disburse the aforesaid amount on or before 20.01.2026, shall attract contempt proceedings.” 4.Registry is directed to carry out the aforesaid correction and issue fresh copy of the order to the parties. 12.01.2026mknInternet: Yes To1.The Chief Secretary, Secretariat, Fort St. George, Chennai- 09. 2.The Secretary, Public Works Department Secretariat, Fort St. George, Chennai- 09. https://www.mhc.tn.gov.in/judis WP No. 32611 of 20253.The Superintending Engineer, Public Works Department, Building (C And M) Circle- 1, (Medical Works), Chepauk, Chennai-05. 4.The Secretary, Health And Family Welfare Department, Secretariat, Fort St. George, Chennai- 09. 5.The Secretary, Department Of Welfare Of The Differently Abled, Secretariat, Fort St. George, Chennai- 09. 6.The Director, State Commissionerate For Welfare Of The Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-05. 7.The Chief Engineer (General) Public Works Department, Chepauk, Chennai- 05. 8.The Chief Engineer, Public Works Department, Chennai Region Chepauk, Chennai- 05. 9.The Executive Engineer, Public Works Department, Building Construction And Maintenance Division 3, Public Works Department Buildings, Chepauk, Chennai- 05. 10.The Secretary To Government Of India, Ministry Of Social Justice And Empowerment, New Delhi. https://www.mhc.tn.gov.in/judis WP No. 32611 of 2025N. SATHISH KUMAR, J.mknW.P.No.32611 of 202512.01.2026