TMI Blog2017 (10) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... on given by the petitioner/ association and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order - petition allowed by way of remand. - W. P. No. 24853 of 2017 - - - Dated:- 5-10-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr. S. Doraisamy For the Respondents : Mr. A. Sri Jayanthi [ For R1 to R6 ], Mr.K.Venkatesh [For R7 R8] ORDER The petitioner is an association registered under the provisions of the Tamil Nadu Societies Act bearing Registration No.81/2012. The Association was formed for the Welfare of the members of the Road Contractors, who have been carrying on works for the National Highways and Highways department and other Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. 8. When the case came up for hearing on 18.09.2017, the petitioner was directed to implead the Secretary to Government, Commercial Taxes Department and the Commissioner of Commercial Taxes. Accordingly, an application was filed to implead and the same was ordered by order dated 20.09.2017. 9. Mr.K.Venkatesh, learned Government Advocate [Taxes] accepted notices for the newly impleaded respondents and it appears that he had personally spoken to the Commissioner of Commercial Taxes, from which, it is seen that the Government also is in the process of discussing as to how the modality has to be worked out and what is the relief petitioner/ association entitled to. 10. In any event, since the petitioner's representations are pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y contractors, restricting the payments to the value due as per existing contract agreements. Any difference on account of final payment due based on the guidelines to be issued and the 'on account' payment made as above may be adjusted from out of the 5 percent amount retained with procuring entity. The payment of final bill in cases where on account payments have been made shall be made only after the notification of the guidelines. 12. In the light of the stand taken by the respective parties there will be a direction to the Commissioner of Commercial Taxes to consider the representation given by the petitioner/ association and pass orders on merits and in accordance with law, within a period of four weeks from the date of r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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