Disposed

Mr.Duraimaran v. the Administrative Director of

Madras HC13 Dec 2023WP/28190/2023

Case brief

AI extract

What is this about?

Petitioners challenged the award of contract by the Fourth Respondent without issuing a tender, claiming violation of the Tamil Nadu Transparency in Tenders Act, 1998. The court disposed of the petitions after noting that the authorities subsequently decided to call for a tender following legal advice.

What did the court decide?

Writ petitions disposed of with no costs and connected miscellaneous petitions closed.

Mr.Duraimaran Vs the Administrative Director of — Public Procurement and Tenders | Madras HC (2023)

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W.P. Nos. 28190 and 28192 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.12.2023

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CORAM

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THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. Nos. 28190 and 28192 of 2023 and W.M.P. Nos. 27712 and 27715 of 2023

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W.P. No. 28190 of 2023

Duraimaran

… Petitioner

-vs-

The Administrative Director of Municipality, No. 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028.

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The Director of Regional Municipality, Administration, Thanjavoor, Thanjavoor District.

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The District Collector, Collectorate, Ariyalur, Ariyalur District.

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The Commissioner, Jayankondam Municipality, Ariyalur District.

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The Municipality Engineer, The Manager, Jayankondam Municipality, Ariyalur District.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 28190 and 28192 of 2023

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The Inspector of Health, Jayankondam Municipality, Ariyalur District.

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The Assistant of field work, Jayankondam Municipality, Ariyalur District.

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Annai Kamsalai Educational Trust, [Registration No. [MG 779], Kurinji Street, Pudiyakudiyuruppu Part, Thanjavour – 613005.

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... Respondents

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W.P. No. 28192 of 2023

Duraimaran

… Petitioner

-vs-

The Administrative Director of Municipality, No. 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028.

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The Director of Regional Municipality, Administration, Thanjavoor, Thanjavoor District.

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The District Collector, Collectorate, Ariyalur, Ariyalur District.

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The Commissioner, Jayankondam Municipality, Ariyalur District.

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The Municipality Engineer, The Manager, Jayankondam Municipality, Ariyalur District.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 28190 and 28192 of 2023

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The Inspector of Health, Jayankondam Municipality, Ariyalur District.

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The Assistant of field work, Jayankondam Municipality, Ariyalur District.

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Annai Kamsalai Educational Trust, [Registration No. [MG 779], Kurinji Street, Pudiyakudiyuruppu Part, Thanjavour – 613005. ... Respondents

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Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for entire records pertains to the order of the Fourth Respondent dated 29.08.2023, in Na. Ka. Enn 2135/2023/H1 and Na. Ka. Enn 2583/2023/H1 and quash the same as illegal and further direct the Fourth Respondent to call for a tender and grant work order to the successful bidder by following rules and regulations mentioned the Tamil Nadu Transparency in Tenders Act, 1998 and Tamil Nadu Transparency in Tender Rules, 2012.

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For Petitioner in both W.Ps : Mr. A.V.Arun for Mr. R.Ramesh For Respondents : Mr. U.Baranidharan, in both W.Ps Additional Government Pleader (R1 to R3)

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Ms. S.Anitha (for R4 to R7) Ms. R.Revathi (for R8)

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 28190 and 28192 of 2023

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C O M M O N O R D E R

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Heard Mr. A.V.Arun, Learned Counsel for the Petitioner, Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the First to Third Respondents, Ms. S.Anitha, Learned Counsel for the Fourth to Seventh Respondents and Ms. R.Revathi, Learned Counsel for the Eighth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

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The grievance ventilated by the Petitioner in these Writ Petitions is that work relating to dengue eradication and appointment of Computer Operators, Drivers and Office Assistants in the Municipality of the Fourth Respondent is taking place without following procedure in the Tamil Nadu Transparency in Tenders Act, 1998, and the Tamil Nadu Transparency in Tenders Rules, 2012. In such circumstances, the award of contract by the Fourth Respondent has been challenged in these Writ Petitions.

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The Fourth Respondent has filed affidavit dated 12.12.2023 stating as follows:-

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W.P. Nos. 28190 and 28192 of 2023

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“

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“ I submit that one Mr. Duraimaran filed the above Writ

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Petition (Two Writ Petitions W.P. Nos. 28190 and 28192 of 2023) to issue the Writ of Certiorarified Mandamus to call

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for entire records pertains to the order of the Fourth Respondent dated 29.08.2023 in Na. Ka. Enn. 2135/2023/H1 and Na. Ka. Enn. 2593/2023/C1 and quash the same as illegal and further direct the Fourth Respondent to call for a tendered grant work order to the successful bidder by following rules and regulations mentioned in Tamil Nadu Transparency and Regulations mentioned Tamil Nadu Transparency in Tender Act, 1998 and Tamil Nadu Transparency in Tender Rules, 2000.

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I submit that after getting prior legal advice and consultations from our Head of our Department i.e. the First Respondent here in and with our legal advisors we are decided to call for the tender for supply of labours for maintenance work for engaging Dengu activities in Jayankondam Municipality, supply of labours for the maintenance work of OHT Operators, Computer Operators,

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 28190 and 28192 of 2023

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Drivers, Compost Yard Maintenance workers in

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Jayankondam Municipality and the same it was notified in e- procurement system Government of Tamil Nadu on 09.12.2023 9.31 p.m. and the procurement will be done accordance with law.”

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In such circumstances, nothing remains for further consideration in these Writ Petitions, but it would not preclude any other person including the Petitioner and the Eighth Respondent if they still have any further grievance, to work out their remedies before proper forum in the manner recognized by law.

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In fine, these Writ Petitions are disposed with the aforesaid observations.

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Consequently, the connected Miscellaneous Petitions are closed. No costs.

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13.12.2023

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Index: Yes/No NCC: Yes/No pal/kv

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Note: Issue order copy by 19.03.2024.

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W.P. Nos. 28190 and 28192 of 2023

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The Administrative Director of Municipality, No. 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028.

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The Director of Regional Municipality, Administration, Thanjavoor, Thanjavoor District.

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The District Collector, Collectorate, Ariyalur, Ariyalur District.

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The Commissioner, Jayankondam Municipality, Ariyalur District.

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The Municipality Engineer, The Manager, Jayankondam Municipality, Ariyalur District.

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The Inspector of Health, Jayankondam Municipality, Ariyalur District.

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The Assistant of field work, Jayankondam Municipality, Ariyalur District.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos. 28190 and 28192 of 2023

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P.D. AUDIKESAVALU, J.

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W.P. Nos. 28190 and 28192 of 2023

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13.12.2023

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https://www.mhc.tn.gov.in/judis

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Mr.Duraimaran v. the Administrative Director of

Case brief

What is this about?

What did the court decide?

Mr.Duraimaran v. the Administrative Director of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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