The High Court dismissed a writ petition filed by the lowest bidder seeking mandamus to award a tender to him. The petition failed as other persons quoted lesser amounts during hearing, invalidating the petition's basis.
Writ petition dismissed. No costs. Connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2023
W.P.No.1715 of 2023
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.1715 of 2023 and WMP.No.1836 of 2023 D.P.Thangaraj ... Petitioner -Vs1.State of Tamil Nadu Repl.by its Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai – 9. 2.The Director of Municipal Administration No.75, Santhome High Road Raja Annamalaipuram Chennai-28. 3.The Commissioner Dharmapuri Municipality Dharmapuri. .. Respondents
Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the online bid rejection message dated 12.01.2023 on the file of the 3rd respondent quash the same and direct the respondents to award the work viz. “Construction of Normal Shelter at Kangaran Kuttai in Dharmapuri Municipality” as per tender Notification in Na.Ka. No.2055/2022/E1 dated 16.12.2022 on the file of the 3rd respondent to the petitioner who is the lowest bidder.
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W.P.No.1715 of 2023
For Petitioner Mr.V.Elangovan For Respondents Mr.C.Selvaraj Additional Government Pleader for R1, R2 Mr.L.P.Mourya for R3
O R D E R
This writ petition has been filed challenging the rejection of the bid submitted by the petitioner and for a direction to the respondents to award the work as per the tender notification in favour of the petitioner.
2.Heard Mr.V.Elangovan, learned counsel for the petitioner, Mr.C.Selvaraj, learned Additional Government Pleader for R1, R2 and Mr.L.P.Mourya, learned counsel for R3.
3.The writ petition was filed only on the basis that the petitioner had quoted the lowest amount and inspite of the same, the bid has been given in favour of others who have quoted a higher amount.
3.When the matter was taken up for hearing, it was brought to the notice of this Court that there were two other persons, who have quoted lesser amount than what the petitioner had quoted. In view of the same, the very basis on which this writ petition was filed does not survive.
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W.P.No.1715 of 2023
miscellaneous petition is closed.
19.04.2023
2/2
KP
Note: Issue order copy on 24.04.2023
Internet : Yes/No Index : Yes/No Speaking Order:Yes/No Neutral Citation :Yes/No
To
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W.P.No.1715 of 2023
N.ANAND VENKATESH, J.
KP
W.P.No.1715 of 2023
19.04.2023 2/2
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1 issue framed by the court
Whether a writ petition for mandamus to quash a bid rejection and mandate work award to the lowest bidder survives when other bidders quoted lower amounts afterward.
1 provisions across 1 enactments
D.P. Thangaraj
State of Tamil Nadu Repl.by its Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai
The Director of Municipal Administration
The Commissioner Dharmapuri Municipality Dharmapuri
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
