Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Madras High Court

M/S Abirami Engineering Construction & ... vs The Government Of Tamil Nadu on 28 January, 2026

Author: P.T. Asha

Bench: P.T. Asha

                                                                                        W.P.No.22405 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated : 28.01.2026

                                                            CORAM

                                    THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                W.P.No. 22405 of 2025



                     M/s Abirami Engineering Construction & Co
                     Rep. by a partner cum Authorised Signatory
                     5/217D1, Teachers Colony,
                     Mohanur Road,
                     Namakkal – 637 001.                                                ...Petitioner


                                                                 Vs.


                     1.The Government of Tamil Nadu
                     Rep. by its Secretary,
                     Public Works Department,
                     Secretariat,
                     Chennai - 9.


                     2.The Engineer-in Chief & Chief Engineer (General)
                     Public Works Department,
                     Chepauk,
                     Chennai - 5.

                     1/9




https://www.mhc.tn.gov.in/judis               ( Uploaded on: 19/02/2026 03:21:12 pm )
                                                                                             W.P.No.22405 of 2025




                     3.The Chief Engineer,
                     PWD, Madurai Region,
                     PWD Compound Thallakulam,
                     Madurai - 625 002.


                     4. The Superintending Engineer,
                     PWD, Buildings (C & M) Circle,
                     Tirunelveli - 627 002.


                     5.The Executive Engineer,
                     PWD, Buildings (C & M),
                     Thoothukudi - 628 001


                     6.The Government of Tamil Nadu,
                     Rep. by its Secretary,
                     Tourism, Culture and
                     Religious Endowment Department,
                     No. 119, Uthamar Gandhi Salai,
                     Nungambakkam,
                     Chennai- 600 034


                     7.The Commissioner,
                     Hindu Religious Charitable Endowments Department
                     No. 119, Uthamar Gandhi Salai,
                     Nungambakkam,
                     Chennai – 600 034.                                                 ...Respondents

                     2/9




https://www.mhc.tn.gov.in/judis               ( Uploaded on: 19/02/2026 03:21:12 pm )
                                                                                               W.P.No.22405 of 2025




                     Prayer: Writ Petition is filed under Section 226 of the Constitution of

                     India for issue of Writ of Mandamus, directing the respondents to pay

                     to the petitioner the amount due to the petitioner under the various

                     heads, namely, the final bill amount, price escalation amount, security

                     deposit amount. withheld amount, and bonus amount along with

                     applicable GST as per the terms of the contract executed by the

                     petitioner with the 4th respondent on 05.12.2020 in respect of the

                     execution of work, namely, “Construction of Family Cottage, Hotel

                     Dormitory     Building      and       Driver        Dormitory      in   Yatrinivas         at

                     Tiruchendur” along with 18% interest for the delayed period from the

                     respective date of due for each of the said amounts till the date of

                     payment within a time frame fixed by this Court.



                                  For Petitioner          :        Mr. N.Subramaniyan

                                  For Respondents :                Mr. M.Suresh Kumar
                                                                   Additional Advocate General

                                                                   Assisted by
                                                                   Mr. R.L.Karthika
                                                                   Government Advocate


                     3/9




https://www.mhc.tn.gov.in/judis               ( Uploaded on: 19/02/2026 03:21:12 pm )
                                                                                                       W.P.No.22405 of 2025



                                                                ORDER

This writ petition is filed for the following relief:

“To direct the respondents to pay to the petitioner the amount due to the petitioner under the various heads, namely, the final bill amount, price escalation amount, security deposit amount. withheld amount, and bonus amount along with applicable GST as per the terms of the contract executed by the petitioner with the 4th respondent on 05.12.2020 in respect of the execution of work, namely, “Construction of Family Cottage, Hotel Dormitory Building and Driver Dormitory in Yatrinivas at Tiruchendur” along with 18% interest for the delayed period from the respective date of due for each of the said amounts till the date of payment within a time frame fixed by this Court.”

2. The petitioner participated in a tender invited by the Tamil Nadu Public Works Department on 04.06.2020, for carrying out the work, namely, construction of family cottage, hotel dormitory building and driver dormitory in Yatrinivas at Tiruchendur, on behalf of respondents 6 and 7 as a deposit work for the value of 4/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:21:12 pm ) W.P.No.22405 of 2025 Rs.25,46,00,000/-. The petitioner was declared as a lowest bidder with a value of Rs. 26,97,72,710/-. An agreement was executed on 05.12.2020 and subsequently the site was handed over to the petitioner on 07.12.2020. As per the agreement, the duration for completion of the work was 24 months which ends on 07.12.2022.

3. The petitioner would submit that the project has been completed satisfactorily in all aspects on 19.08.2022, 4 months prior to the scheduled time, which is more than 10% of scheduled 24 months prescribed time for completion of the work as per the contract, thereby entitling 1% bonus to the petitioner. After completion of the work fully on 19.08.2022, the project building has been inaugurated on 14.10.2024 by the Hon’ble Chief Minister of Tamil Nadu and has been put to use by the respondents 7 and 8 from then.

4. The petitioner’s grievance is that till date, the Public Works Department has not cleared the petitioner’s payments viz., final bill, price escalation amount, bonus, withheld amount with applicable GST and interest. Therefore, the petitioner is before this Court.

5/9

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:21:12 pm ) W.P.No.22405 of 2025

5. Today, it is reported that the amount has been sanctioned by a letter of the Principal Additional Secretary, dated 09.01.2026 and what remains is only the interest.

6. The learned counsel for the petitioner would submit that in a connected matter in WP.No.22476 of 2025, filed by the very same petitioner, this Court by order dated 18.12.2025 has awarded an interest at 10 % per annum.

7. Accordingly, the respondents are directed to pay interest at 10 % per annum from 01.09.2022 till the payment.

8. With the above direction, this writ petition is disposed of. No costs.

28.01.2026 kan 6/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:21:12 pm ) W.P.No.22405 of 2025 To

1.The Government of Tamil Nadu Rep. by its Secretary, Public Works Department, Secretariat, Chennai - 9.

2.The Engineer-in Chief & Chief Engineer (General) Public Works Department, Chepauk, Chennai - 5.

3.The Chief Engineer, PWD, Madurai Region, PWD Compound Thallakulam, Madurai - 625 002.

4. The Superintending Engineer, PWD, Buildings (C & M) Circle, Tirunelveli - 627 002.

5.The Executive Engineer, PWD, Buildings (C & M), Thoothukudi - 628 001 7/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:21:12 pm ) W.P.No.22405 of 2025

6.The Government of Tamil Nadu, Rep. by its Secretary, Tourism, Culture and Religious Endowment Department, No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai- 600 034

7.The Commissioner, Hindu Religious Charitable Endowments Department No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

8/9

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:21:12 pm ) W.P.No.22405 of 2025 P.T. ASHA, J kan W.P.No.22405 of 2025 28.01.2026 9/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:21:12 pm )