Madras High Court

WP/40739/2026 of M.BASUL ASHAF Vs The Chairman on 13 October 2026

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WP No. 40739 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 40739 of 2026

CNR:{HCMA012299262026}

AND

WMP No. 45698 of 2026

M.Basul Ashaf

S/o.Mohamed Rabi

The Proprietor

Basul Ashaf Construction and Suppliers

No.65/11,Pallavan Nagar, Main Road

P.P.Savadi, Madurai.

..Petitioner

Vs

1. The Chairman

O/o.TANTRANSCO

Guindy, Chennai-600 002.

2. The Chief Engineer

O/o.TANTRANSCO

Ambattur Circle, Chennai Region

Chennai - 600 032.

3. The Superintending Engineer

O/o.TANTRANSCO

General Construction Circle-1,

Guindy, Chennai - 600 032.

..Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent No.1 to permit the petitioner to remit the sale amount of Rs.24,05,400/- along with 22

percentage penal interest for 60 days plus earlier provided extension period of 60 days alone in respect of Lot No.11 is concerned, otherwise return the

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WP No. 40739 of 2026

petitioners paid EMD amount of Rs.1,05,500/- by considering the petitioners representation dated 7.8.2026 within the time frame fixed by this Court.

For Petitioner:

Mr.Abulhasan.A

For Respondents:

Mr.D.R.Arun Kumar

Standing Counsel for R1 to R3

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ORDER

The writ petition is filed seeking the following relief : " To direct the respondent No.1 to permit the petitioner to remit the sale amount of Rs.24,05,400/- along with 22 percentage penal interest for 60 days and also for the earlier extension period of 60 days alone in respect of Lot No.11 is concerned, otherwise return the petitioners paid EMD amount of Rs.1,05,500/- by considering the petitioners representation dated 7.8.2026 within the time frame fixed by this Court".

2. The petitioner herein is carrying on business in the name and style of M/s.Basul Ashaf Constructions and Suppliers. He participated in the e-tender floated by the TANTRANSCO for disposal of scrap materials. He was declared as H1/highest bidder in Lot No.11. The bid amount for Lot No.11 is approximately Rs.21,10,000/-. He remitted 5% EMD of Rs.1,05,000/-. Thereafter, vide sale order dated 06.03.2026, the petitioner was directed to pay the balance sale consideration of Rs.24,05,400/- inclusive of applicable charges, within 21 days. However, due to unavoidable circumstances, the petitioner was

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WP No. 40739 of 2026

unable to pay the balance sale consideration and therefore, he had sought for extension of time on two occasions i.e., the first extension was for a period of 30 days from 30.03.2026 to 28.04.2026 and the second extension was from 30.04.2026 to 08.05.2026. Both the requests of the petitioner was considered by the respondent, subject to 22% penal interest.

3. Even thereafter the petitioner could not make the balance consideration on account of his ill health and business fluctuations. Therefore, on 08.06.2026, the petitioner had sought for a further 60 days time extension to remit the sale consideration with 22% penal interest. However, no decision was communicated by the respondents to the said request. In the meanwhile, the petitioner had fulfilled his obligations in respect of Lots 14 and 15 and obtained order for release of the materials. Thereafter the petitioner had submitted a further representation dated 07.08.2026, expressing his willingness to pay the sale consideration with penal interest in respect of Lot No.11, however, there is no response from the respondents to date. Hence, the present writ petition seeking a direction to the first respondent to consider his representation dated 07.08.2026, and to permit him to remit the balance sale consideration of Rs.24,05,400/- together with 22% penal interest for the further 60 days extension sought in respect of Lot No.11 or in the alternative to refund the petitioner's EMD amount of Rs.1,05,500/-, at the earliest.

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WP No. 40739 of 2026

4. Heard the learned counsels on either and also perused the materials available on record.

5. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to consider the representation of the petitioner dated 07.08.2026 and take a decision on the said representation and pass speaking orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS

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WP No. 40739 of 2026

To:

1. The Chairman O/o.TANTRANSCO Guindy, Chennai-600 002.

2. The Chief Engineer O/o.TANTRANSCO Ambattur Circle, Chennai Region Chennai - 600 032.

3. The Superintending Engineer O/o.TANTRANSCO General Construction Circle-1, Guindy, Chennai - 600 032.

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WP No. 40739 of 2026

P.T.ASHA J. DS WP No. 40739 of 2026 and WMP No. 45698 of 2026 13-10-2026

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