Petitioner, a registered contractor, filed a writ petition alleging the contract was awarded without intimation. The court held the petition disposed as work was completed and petitioner was informed.
Petition disposed of; no costs.
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W.P.(MD)No.566 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.566 of 2021
E.Shanthi : Petitioner
Vs.
1.The District Collector,
Kanyakumari District, Nagercoil.
2.The Assistant Director of Town Panchayat, District Collectorate Campus, Nagercoil, Kanyakumari District.
3.The Executive Officer, Suchindram Town Panchayat, Suchindram, Kanyakumari District.
4.The Director, Directorate of Town Panchayat, Kuralagam, Chennai – 600 108. : Respondents
(R4 was impleaded vide order of this Court, 29.01.2021 made in W.M.P.(MD)No.1141 of 2021)
PRAYER :- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 10.12.2020 within a time frame as may stipulated by this Court.
For Petitioner :Mr.S.Palanivelayutham For R1, R2 and R4 :Mr.M.Rajarajan Additional Government Pleader For R3 :Mr.VR.Shanmuganathan
ORDER
Heard the learned Counsel appearing on either side.
2.The Writ Petitioner is a contractor registered with the third respondent. The grievance of the petitioner is that without giving any information to the petitioner, the impugned contract was unlawfully awarded.
3.When the matter was taken up for hearing, it is informed by the learned Standing Counsel for the panchayat that even before filing of this Writ Petition, the work itself was completed.
4.I am therefore of the view that nothing really survives for consideration. When the Court indicated that it is the duty of the Tender Inviting Authority to intimate all the contractors registered https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.566 of 2021
with it, the learned Standing Counsel informs me that this duty was more than discharged in this case. In fact, in the counter affidavit filed by the third respondent, it has been stated that the petitioner was duly informed about the proposed contract and the petitioner did not choose to take part in the tender proceedings.
5.Recording the submissions of the learned Standing Counsel for the 3rd respondent Panchayat, this Writ Petition is disposed of. Since the petitioner is a registered contractor with the third respondent, whenever, the tenders, falling within the eligibility of the petitioner, are floated, the petitioner must be informed through registered post with acknowledgement due. No costs.
Sd/-
Assistant Registrar (CSII)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Assistant Director of Town Panchayat, District Collectorate Campus, Nagercoil, Kanyakumari District.
3.The Executive Officer, Suchindram Town Panchayat, Suchindram, Kanyakumari District.
4.The Director, Directorate of Town Panchayat, Kuralagam, Chennai – 600 108.
W.P.(MD)No.566 of 2021 04.02.2021 SVN(CO) KB(16.02.2021) 2P 5C
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2 issues framed by the court
Whether the writ petition needs to be allowed when the impugned contract has already been completed and the petitioner was informed about the commission of the work.
Whether a registered contractor is entitled to information regarding floating of tenders falling within their eligibility.
E.Shanthi
The District Collector, Kanyakumari District, Nagercoil
The Assistant Director of Town Panchayat, Nagercoil
The Executive Officer, Suchindram Town Panchayat
The Director, Directorate of Town Panchayat, Chennai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
