JUDGMENT :

Pleadings in C.S.No.817 of 2012:

Plaint averments:

The plaintiff is engaged in the business of undertaking contracts for laying of roads, construction of bridges, culverts and other allied civil works. The plaintiff is a Class-I contractor in the Highways Department, State Level in the State of Tamil Nadu and has executed several Government works for Highways and other Department's road works.

2. The Department is the Government of Tamil Nadu, represented by the Superintending Engineer, Highways, Chennai Metropolitan Development Plan Circle, Anna Salai, Nandanam, Chennai-600 035 and the Divisional Engineer, Highways, Chennai Metropolitan Development Plan, Division-1, Guindy, Chennai-600 032.

3. The Chief Engineer, Highways, METRO, Alandur, Chennai-600 016, had invited tenders for the work of widening two lane to four lane and strengthening of Mount- Madipakkam Road, K.M.1/6--3/0". The plaintiff in his usual course of business, submitted his tender for the above work on 15.04.2008, while evaluating the tenders by the Chief Engineer, Highways, Metro, Chennai-600 016. The plaintiff was found to be the lower tenderer among others. The Chief Engineer, Highways, Metro, Chennai, had