Petitioner challenged closure of tender process by fourth respondent alleging non-opening of tender. Court noted status report showing petitioner was allotted work and closed petition without further orders.
Case closed with no further orders in view of allotment to petitioner.
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W.P.(MD).No.10683 of 2021
E.Shanthi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10683 of 2021 and W.M.P.(MD).No.8311 of 2021
... Petitioner
Vs.
1.The District Collector, Tirunelveli District, Tirunelveli – 627 006.
2.The Director of Town Panchayat, Directorate Office, M.R.C.Nagar, Annamalaipuram, Chennai – 600 020.
3.The Assistant Director, Office of the Town Panchayat, P.F.Office Near, Palayamkottai, Tirunelveli District – 627 007.
4.The Executive Officer, Panagudi Panchayat, Panagudi, Tirunelveli District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents more particularly the 1st respondent to consider the petitioner's representation, dated 23.03.2021, on merits and in accordance with law and subsequently, appoint an eligible contractor who is fully qualified in all aspects as per law for the appointment as Contractor forthwith.
For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.M.Lingadurai for R1 to R3 Government Advocate For R4 : Mr. R. Ragavendran
ORDER
When the matter was taken up for hearing, on 28.06.2021, the following order was passed by this Court:
“Mr.M.Lingadurai, learned Government Advocate takes notice for the respondents 1 to 3. Mr.R.Raghavendran, learned counsel takes notice https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).No.10683 of 2021
for the fourth respondent.
2. The main allegation that has been made in the present Writ Petition is to the effect that the fourth respondent had called for the tender and the petitioner had participated in the same. This happened during the month of February 2021. According to the petitioner, the fourth respondent did not open the tender that was submitted and it was kept in abeyance. However, it looks like the fourth respondent has allotted the work in favour of some private individuals.
3. The learned counsel appearing for the fourth respondent shall take instructions on what basis the fourth respondent is allotting the work to private individuals, whose names are mentioned at paragraph No.6 of the affidavit filed in support of the Writ Petition.
4. Registry is directed to post this case under the caption “for Admission” on 05.07.2021.
2.A Status report has been filed by the fourth respondent. The relevant portions in the Status Report are extracted hereunder:
6.I submit that allotment of 3 rd and 4 th schedule works of the above tender to that said petitioner had been informed even also through post on 25.02.2021. I had enclosed the copy of receipt of the post.”
3.In view of the fact that the petitioner has been allotted with the schedule works, no further orders are required to be passed in this writ petition and accordingly, the same is closed. No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
TM
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W.P.(MD).No.10683 of 2021
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Tirunelveli District, Tirunelveli – 627 006. 2.The Director of Town Panchayat, Directorate Office, M.R.C.Nagar, Annamalaipuram, Chennai – 600 020. 3.The Assistant Director, Office of the Town Panchayat, P.F.Office Near, Palayamkottai, Tirunelveli District – 627 007. 4.The Executive Officer, Panagudi Panchayat, Panagudi, Tirunelveli District. +1 CC to M/s.SPL GP ( SR-22662[F] dated 15/07/2021 ) W.P.(MD).No.10683 of 2021 14.07.2021 MGJ(26.07.2021) 3P 6C
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1 issue framed by the court
Whether the writ petition required further adjudication after the respondent disclosed the petitioner was allotted the schedule works.
1 provisions across 1 enactments
E. Shanthi
District Collector, Tirunelveli District
Director of Town Panchayat
Assistant Director, Office of the Town Panchayat
Executive Officer, Panagudi Panchayat
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
