1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).No.11034 of 2011 and M.P.No.1 of 2011 R.Purushothaman : Petitioner Vs. 1. The Chairman and Managing Director, Tamil Nadu Cements Corporation Ltd., A Government of Tamil Nadu Undertaking, LLA Building, 735, Anna Salai, Chennai 600 002. 2. The Manager (Materials), Tamil Nadu Cements Corporation Ltd., Alangulam Works, (Via) Rajapalayam Virudhunagar District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the letter in proceedings dated 02.08.2011 in TANCEM/CO/MM/32/CH.GY.TRANSPN/ALGM/2011 on the file of the Chairman and Managing Director, Tamil Nadu Cements Corporation Ltd., Chennai, the first respondent herein and quash the same and consequently direct the respondents to consider the reimbursement of the toll charges payable to the petitioner while transportation of Chemical Gypsum from M/s.Sterlite Industries Ltd., Tuticorin to Alangulam Cement Works, Alangulam, pursuant to the work order dated 11.07.2011 issued by the respondent. For Petitioner : Mr.Y.Prakash O R D E R *********** The Writ Petitioner challenges the order of the second respondent dated 02.08.2011, by which the second respondent has rejected the claim of the petitioner – contractor to reimburse the toll charges paid by him while carrying the goods and commodities belonging to the second respondent. 2. Admittedly, under the contract entered into between the petitioner and the second respondent, there is an arbitration clause and if there is any dispute, it is for the petitioner – contractor to raise the dispute under the arbitration clause and the filing of Writ Petition, under Article 226 of the Constitution of India, is misconceived. Accordingly, https://hcservices.ecourts.gov.in/hcservices/ 2 giving liberty to the petitioner to work out his remedy as per the arbitration clause, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Chairman and Managing Director, Tamil Nadu Cements Corporation Ltd., A Government of Tamil Nadu Undertaking, LLA Building, 735, Anna Salai, Chennai 600 002. 2. The Manager (Materials), Tamil Nadu Cements Corporation Ltd., Alangulam Works, (Via) Rajapalayam Virudhunagar District. ORDER MADE IN W.P.(MD).No.11034 of 2011 27.09.2011 NB RJ/10.10.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/