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2022 Supreme(Mad) 3953

R. VIJAYAKUMAR
Asiatech Engineering Associates, Represented by its Power of Attorney Holder Mr. S. Joneslight – Appellant
Versus
Superintending Engineer, (Highways) Construction and Maintenance, Tirunelveli Circle – Respondent


Advocates Appeared:
For the Petitioner: Mr. G. Sankaran for Mr. F. Deepak.
For the Respondents: Mr. M. Lingadurai.

ORDER :

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the second respondent in his proceedings letter No. 7/2010-11/A2 dated 16.07.2013 and quash the same and consequently direct the respondents to accept the foreclosure letter dated 25.01.2013 made by the petitioner and to refund the E.M.D, Security Deposit, Additional Security Deposit and Retention amounts due to the petitioner.)

The present writ petition has been filed by a Contractor challenging an order passed by the second respondent herein under which the contract awarded to him was terminated and E.M.D, Security Deposit, Additional Security Deposit were forfeited. Under the impugned order, the petitioner was also informed that the additional expenditure incurred by the Government for executing the contract through a different Contractor would also be recovered from him.

2. According to the petitioner, the first respondent had called for public tender for improvement to Kulithurai-Alancholai-Arukani Road and for reconstruction of small bridges. The petitioner firm had submitted their quotation on 0

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