Petitioner sought extension of her Marina Beach swimming pool lease for five more years and quashing of the Corporation's fresh tender notification. The Court found she had not participated in the fresh tender, that a higher bidder was selected, and dismissed the petition.
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W.P.No.7501 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2024
CORAM
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.7501 of 2024 and W.M.P.Nos.8403 & 8404 of 2024
M.Mullai Malar
.. Petitioner
Versus
1.The Commissioner, Greater Chennai Corporation, Chennai 600 003.
2.The District Revenue Officer / The Zonal Officer, Zone - 9, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034. .. Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to Tender Notification in limited E-tender in Tender Reference No.Z.O.9.Na.Ka.No.E1/0099/486/2017 (uploaded on 12.03.2024) on the file of the second respondent and quash the same and direct the respondents to extend the lease period in work order No.Z.O.IX.C.No.E1/0099/486/2017 dated 02.03.2017 for further period of 5 years from 01.04.2024 to operate and maintain the swimming pool situated at Marina Beach which is under the control of the respondents as per the terms and condition made in the work
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order with regard to the period of contract.
For Petitioner : Mr.S.Doraisamy For Respondents : Mrs.P.T.Ramadevi Standing Counsel
ORDER
This Writ Petition has been filed seeking issuance of a Writ of
Certiorarified Mandamus, to call for the records relating to Tender Notification
in limited E-tender in Tender Reference
No.Z.O.9.Na.Ka.No.E1/0099/486/2017 (uploaded on 12.03.2024) on the file
of the second respondent and quash the same and direct the respondents to extend the lease period in work order No.Z.O.IX.C.No.E1/0099/486/2017 dated 02.03.2017 for further period of 5 years from 01.04.2024 to operate and maintain the swimming pool situated at Marina Beach which is under the control of the respondents as per the terms and condition made in the work order with regard to the period of contract.
issued a notification calling for the limited tender to be held on 15.02.2017 for providing technical support with men and materials including operation, safety, collection and sharing of maintenance of swimming pool situated at Marina Beach Road. The petitioner participated in the said tender and became a successful bidder and it was agreed that the lease amount was Rs.12,00,000/-
for a period of one year with a premium of 5% every year for a period of 5 https://www.mhc.tn.gov.in/judis
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years. Apart from that, security deposit of Rs.2,00,000/-. The second respondent on 02.03.2017 awarded the contract and issued the work order in favour of the petitioner.
the two years lockdown period will come to an end on 31.03.2024. As per the
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terms and conditions in the work order, the petitioner is entitled for a further extension of 5 years and she made a representation in this regard. The second respondent without considering the representation of the petitioner, issued a notification on 12.03.2024 calling for a fresh tender to be held on 19.03.2024. Challenging the same, the petitioner is before this Court.
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seeking a direction against the respondents. The extension of earlier bid for further five years could be granted only on the satisfaction of the Corporation on the performance of the petitioner. Since the petitioner has not satisfied through her performance, the Corporation proceeded in the manner known to law and conducted a fresh tender and accordingly, the Corporation has chosen a highest bidder. Therefore, this Court does not find any reason to pass any order against the respondents herein.
as devoid of merits. No costs. Consequently, connected miscellaneous petitions are closed.
Index :Yes/No 22.07.2024 Speaking / Non-speaking order Neutral Citation : Yes/No gsk
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W.P.No.7501 of 2024
To
2.The District Revenue Officer / The Zonal Officer, Zone - 9, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034.
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V.BHAVANI SUBBAROYAN, J.
gsk
W.P.No.7501 of 2024 and W.M.P.Nos.8403 & 8404 of 2024
22.07.2024
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1 issue framed by the court
Was the petitioner entitled to a five-year extension of the swimming pool lease and quashing of the fresh tender notification despite not participating in the new e-tender?
1 provisions across 1 enactments
M.Mullai Malar
The Commissioner, Greater Chennai Corporation
The District Revenue Officer / The Zonal Officer, Zone - 9, Greater Chennai Corporation
V.Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
