M/S. Andal Associates Pvt Ltd v. The Managing Director

ORDER This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 10.01.2024 within a time to be stipulated by this Court and consequently to direct the respondents to disburse the balance payment of Rs.53,08,520/- to the petitioner.

¶2It is the case of the petitioner that the petitioner is a registered contractor engaged in construction works for more than 11 years. During 2019–2020, the respondents had invited tenders for construction of a Commercial/Office Complex (Stilt + 4 Floors) at T.S.No.3, Village Shastri Nagar, Velachery Taluk, Chennai District. The Petitioner had participated in the tender process and was declared the successful bidder on

20.12.2019. An agreement dated 29.01.2020 was executed between the petitioner and the 3rd respondent. The petitioner had executed the work strictly in accordance with the contract terms and to the satisfaction of the respondents. During the period from July 2020 to December 2021, there was a substantial escalation in prices of construction materials and other inputs. As per the Contract – Price Adjustment Clause, the petitioner had claimed price escalation for the relevant period and submitted a detailed Page3 of 6 representation on 10.01.2024 along with supporting documents. Though the respondents had certified the correctness and admissibility of the claims and released a part payment of Rs.18,87,579/- for the period from August 2020 to March 2021, a balance amount of Rs.53,08,520/- towards the price adjustment for the period from April 2021 to December 2021 remains unpaid without any valid reason. Hence, the petitioner has approached this Court seeking the relief stated supra.

¶3Heard the learned counsels on both sides and perused the materials available on record.

¶4The learned standing counsel appearing for respondents would submit that the 1st respondent is the competent authority to consider the petitioner's representation.

¶5Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the 4th respondent to forward the representation of the petitioner to the 1st respondent and upon receipt of the same, the 1st respondent shall consider the representation, conduct an enquiry, afford an opportunity of personal hearing to the petitioner and Page4 of 6 pass appropriate orders on merits and in accordance with law, within a period of one month from the date of receipt of the representation. Accordingly, this writ petition is disposed of. No costs. 06-02-2026 Index: Yes/No Speaking/Non-speaking order SRN To

¶1The Managing Director, 6, Board Office cum Commercial Complex, CIT Nagar, 1st Main Road, Chennai 600 035.

¶2The Chief Engineer (City), 6, Board Office cum Commercial Complex, CIT Nagar, 1st Main Road, Chennai 600 035.

¶3The Superintending Engineer, Chennai Circle, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.

¶4The Executive Engineer and ADO, Besant Nagar Division, Tamil Nadu Housing Board, Adyar, Chennai 600 020. Page5 of 6 P.T.ASHA J. SRN 06-02-2026 Page6 of 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA M/s.Andal Associates Pvt.Ltd., Rep by its Managing Director, Flat No.2B, Mandira Apartments, No.53, North Boag Road, T.Nagar, Chennai 600 017 ..Petitioner(s) Vs 1.The Managing Director, 6, Board Office cum Commercial Complex, CIT Nagar, 1st Main Road, Chennai 600 035. 2.The Chief Engineer (City), 6, Board Office cum Commercial Complex, CIT Nagar, 1st Main Road, Chennai 600 035. Page1 of 6 3.The Superintending Engineer, Chennai Circle, Nandanam, Chennai 600 035. 4.The Executive Engineer and ADO, Besant Nagar Division, Adyar, Chennai 600 020. ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, to direct the respondents to consider the petitioner's representation dated 10.01.2024 within a time to be stipulated by this Court and consequently to direct the respondents to disburse the balance payment of Rs.53,08,520/- to the petitioner. For Petitioner(s): Mr.D.Senthil Kumar For Respondent(s): Mr.D.Veerasekaran Standing Counsel For R1 to R4 Page2 of 6