Madras High Court
WP/41410/2026 of M.Rajkumar Vs The Secretary on 14 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 41410 of 2026
and
W.M.P.No.46446 of 2026
CNR: {HCMA012330622026}
M.Rajkumar
..Petitioner(s)
Vs
1. The Secretary,
Highways and Minor Ports Department,
Government of Tamil Nadu, Fort George,
Chennai - 600 009.
2. The Chief Engineer (Highways),
NABARD and Rural Roads,
No.76, Sardar Patel Road, HRS Complex,
Chennai - 600 025.
3. The Superintending Engineer (Highways), NABARD and Rural Roads, B-48, Alagesan Nagar, Chengalapttu - 603 001.
..Respondent(s)
Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to refer all the disputes and petitioner’s claims arising out of the Contract Agreement dated 06.03.2019 (for the work of “Upgradation of Panchayat Union and Panchayat Roads to ODR Standards in Chengalpattu (H) N and R.R Sub- Division (Package - 1) to Arbitration as per the GO.Ms.No.17 Highways and Minor Ports (HN-2) Department dated 06.03.2023.
For Petitioner(s) :
Mr.Amalaraj S. Penikilapatti
For Respondent(s) :
Mrs.Inthu Karunakaran,
Special Government Pleader
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ORDER
This writ petition has been filed for the following relief ; “directing the respondents to refer all the disputes and petitioner’s claims arising out of the Contract Agreement dated 06.03.2019 (for the work of “Upgradation of Panchayat Union and Panchayat Roads to ODR Standards in Chengalpattu (H) N and R.R Sub-Division (Package - 1) to Arbitration as per the GO.Ms.No.17 Highways and Minor Ports (HN-2) Department dated 06.03.2023.”
2. The petitioner entered into a contract agreement dated 06.03.2019 for upgradation of Panchayat Union and Panchayat Roads to ODR Standards in Chengalpattu (H) N & RR. Sub Division (Package-1) and the same was originally intended to be completed by 05.12.2019. The petitioner submits that the respondents recovered a sum of Rs.20,40,362/- towards price adjustment from the petitioner’s part-bills for works executed beyond the contract period, contrary to G.O.Ms.No.101 dated 10.06.2009. It is further submitted that G.O.Ms.No.17 dated 06.03.2023 mandates resolution of disputes through arbitration under the Arbitration and Conciliation Act, 1996. Despite the petitioner’s letters dated 02.03.2024 and 08.12.2025 seeking refund of the amount or appointment of arbitrators, the respondents failed to appoint arbitrators, necessitating the present petition.
3. Heard the learned counsel on either side and perused the materials available on record.
4. Though the writ petition has been filed seeking the above relief, the petitioner has the appropriate alternative remedy of filing a petition under Section 11 of the Arbitration and Conciliation Act, 1996. Accordingly, the writ petition is dismissed, granting liberty to the petitioner to seek appropriate relief before this Court on the original side. No costs. Consequently, connected miscellaneous petition stands closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rap
P.T.ASHA, J. rap To
1. The Secretary, Highways and Minor Ports Department, Government of Tamil Nadu, Fort George, Chennai - 600 009.
2. The Chief Engineer (Highways), NABARD and Rural Roads, No.76, Sardar Patel Road, HRS Complex, Chennai - 600 025.
3. The Superintending Engineer (Highways), NABARD and Rural Roads, B-48, Alagesan Nagar, Chengalapttu - 603 001. WP No. 41410 of 2026 14-10-2026