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2026 Supreme(Online)(Mad) 35595

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
T.Kolandaivelu & Company – Appellant
Versus
The Commissioner, Salem City Corporation – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.Vijayan Subramanian
For the Respondents: Ms.N.Devi Standing Counsel

Mandamus directs consideration of contractor's payment representations on merits within time frame when liability acknowledged.

Headnote:Article 226 of the Constitution of India enables issuance of writ of mandamus for payment of outstanding bills. Petitioner contractor claims unpaid bill amount of Rs.1,88,50,809/- and 5% retention amount of Rs.1,09,35,856/- from corporation for work performed, with liability acknowledged but payments pending despite representations. Court finds representations merit consideration without expressing opinion on merits. Issue framed as direction for payment of acknowledged dues within time frame. Ratio holds that where liability is acknowledged, representations must be considered on merits with supporting documents, causing no prejudice to respondents. Writ petition disposed directing first respondent to pass final orders within twelve weeks.

Table of Content
1. petition seeks mandamus for unpaid contractor bills and retention. (Para 1 , 2)
2. court directs consideration of representations on merits timely. (Para 3 , 4)

ORDER

This writ petition has been filed seeking for a direction to the first respondent to pay a sum of Rs.1,88,50,809/- towards the bill amount and a sum of Rs.1,09,35,856/- towards the retention amount to the petitioner based on the petitioner’s representations dated 19.12.2025 and 24.03.2026 respectively within a time frame to be fixed by this Court.

2. The petitioner was appointed as a contractor by the respondent corporation. According to the petitioner, in respect of the work done by him, the aforesaid amounts are due and payable by the respondent corporation to the petitioner. The petitioner claims that even though the liability of the petitioner has been duly acknowledged by the respondent corporation, till date, payments have not been made to the petitioner. The petitioner had given representations dated 19.12.2025 and 24.03.2026 to the respondents for the aforesaid purpose. Since the same has not been considered till date, the petitioner has filed this writ petition.

3. Ms.N.Devi, learned Standing Counsel, accepts notice on behalf of the respondents.

4. Since the petitioner claims that the liability has been duly acknowledged by the respondents, no prejudice would be caused to the €

respondents if the petitioner’s representations are considered on merits and in accordance with law within a time frame to be fixed by this Court after giving due consideration to the supporting documents produced by the petitioner. This Court is not expressing any opinion on the merits of the petitioner’s representations.

For the foregoing reasons, this writ petition is disposed of by directing the first respondent to pass final orders on merits and in accordance with law on the petitioner’s representations dated 19.12.2025 and 24.03.2026 seeking for payment of the alleged outstanding bill amount as well as payment of retention amount as claimed in the representations after giving due consideration to the supporting documents produced by the petitioner within a period of twelve (12)

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