Madras High Court
WP(MD)/14572/2026 of M/s. IVLR Infrastructure Vs The Superintending Engineer on 11 November 2026
WP(MD) No. 14572 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 14572 of 2026
CNR:{HCMD010655992026}
M/s. IVLR Infrastructure
Represented by its Managing Partner,
I. Vetrivel,
Having Registered Office at
No.3/1, Ashok Nagar,
4th Street,
Palamedu Main Road,
Madurai - 625 018.
..Petitioner(s)
Vs
1. The Superintending Engineer
National Highways - Madurai Circle,
5, Besant Road,
Chinna Chokikulam,
Madurai - 625 002.
2. The Divisional Engineer
National Highways - Madurai Division,
5, Besant Road,
Chinna Chokikulam,
Madurai - 625 002.
National Highways,
3rd Floor,
No.76, Sardar Patel Road,
HRS Campus,
Guindy,
Chennai - 25.
4. The Chief Engineer
Ministry of Road Transport and Highways, __________
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WP(MD) No. 14572 of 2026
C-1-A, Rajaji Bhavan,
Besant Nagar,
Chennai - 600 090.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to issue Completion Certificate forthwith for the Project by treating the balance unexecuted stretch of 140 meters as deemed withdrawn after conducting an enquiry with respect to the 1st respondent, in accordance with law, within the time stipulated by this Honble Court, and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s)
:M/s Karthikeyen K
For Respondent(s)
:Mr.R.Parthiban, Spl. Govt. Pleader
For R1 To R4
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ORDER
An Engineering, Procurement and Construction (EPC) contract was awarded to the petitioner on 08.03.2024. Said contract pertains to the construction of the bypass to Madurai–Achambathu–Virattipathu between Kilometres 6/850 to 10/382 of NH 49 Extension, including land acquisition. According to the petitioner, the respondent was under a mandatory obligation to provide vacant and encumbrance-free right of way on the appointed date and, in any event, not later than 150 days thereafter. The petitioner asserts that 90% of the right of way was provided only on 31.01.2026 after a delay of about 693 days and that __________
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WP(MD) No. 14572 of 2026 right of way in respect of 140 metres remains unavailable.
2. On account of the alleged failure of the respondent to provide right of way for an extent of 140 metres, the petitioner states that it is being put to substantial losses. Consequently, the petitioner seeks a direction for the issuance of a completion certificate by treating the balance unexecuted stretch of 140 metres as deemed to be withdrawn from the project scope.
3. Relying on paragraphs 14 and 15 of the counter-affidavit, Mr.R.Parthiban, learned Special Government Pleader, submits that the stretch from Kilometre 8/200 to Kilometre 8/550 could not be provided earlier, but said stretch was provided later and the petitioner successfully completed construction on that stretch. Relying on paragraph 30 of the counter-affidavit, learned Special Government Pleader points out that the completed and pending works are captured in a table in the said paragraph. He also points out that the contract contains an arbitration clause.
4. As is evident from the above narration, this matter relates to a construction contract awarded on an EPC basis. The said contract __________
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WP(MD) No. 14572 of 2026 contains a two-tiered dispute resolution mechanism. Clause 26.3 provides for arbitration. Said clause is set out below: “Clause
26.3
Arbitration:
(i) Any dispute which remains unresolved between the parties through the mechanisms available/prescribed in the Agreement, irrespective of any claim value, which has not been agreed upon/reached settlement by the parties, will be referred to the Arbitral Tribunal as per the Arbitration and Conciliation Act.
(ii) Deleted.
(iii) The Arbitral Tribunal shall make a reasoned award (the "Award"). Any Award made in any arbitration held pursuant to this Article 26 shall be final and binding on the Parties as from the date it is made, and the Contractor and the Authority agree and undertake to carry out such Award without delay.
(iv) The Contractor and the Authority agree that an Award may be enforced against the Contractor and/or the Authority, as the case may be, and their respective assets wherever situated. __________
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WP(MD) No. 14572 of 2026
(v) This Agreement and the rights and obligations of the Parties shall remain in full force and effect pending the Award in any arbitration proceedings hereunder. Notwithstanding any dispute between them, each Party shall proceed with the performance of its respective obligations pending resolution of the Dispute in accordance with this Article.
(vi) In the event the Party against whom the Award has been granted challenges the Award in a court of law, it shall make an interim payment to the other Party for an amount equal to 75% (seventy-five per cent) of the Award, pending final settlement of the Dispute, upon furnishing an irrevocable Bank Guarantee for 120% of the aforesaid amount. Upon final settlement, the interim payment shall be adjusted and any balance amount due shall be paid or refunded with interest at the rate of 10% per annum from the date of interim payment to the date of final settlement of such balance.” __________
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WP(MD) No. 14572 of 2026
5. In effect, the petitioner is seeking a novation of the contract by reducing the scope thereof with regard to the unexecuted stretch of 140 metres. Unless the respondents were to consent thereto, a dispute of this nature cannot be disposed of in summary proceedings. In the light of the dispute resolution mechanism contained in the contract, it is appropriate that the petitioner resorts to such mechanism for the adjudication of the dispute raised herein. Leaving it open to the petitioner to do so, this writ petition is disposed of. There shall be no order as to costs. 11-11-2026 Index: No Speaking order Neutral Citation: No PKN __________
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WP(MD) No. 14572 of 2026 To
1. The Chief Engineer Ministry of Road Transport and Highways C-1-A, Rajaji Bhavan Besant Nagar Chennai - 600 090 __________
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WP(MD) No. 14572 of 2026 SENTHILKUMAR RAMAMOORTHY, J. PKN WP(MD) No. 14572 of 2026 11-11-2026 __________
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