Madras High CourtWP/20044/2018dismissed

A.Krishnaprasad v. The State Of Tamil Nadu

2018-08-03Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH W.P.No.20044 of 2018 and W.M.P.No.23506 of 2018 A.Krishnaprasad ..

Petitioner Vs 1.The State of Tamil Nadu rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 9.

2.The Tamil Nadu Medical Services Corporation Ltd., rep. by its Managing Director, No.417, Pantheon Road, Egmore, Chennai - 8.

Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of declaration declaring that the tender floated by the second respondent vide Tender Ref. No.004/M(P)/ABC-KIT/TNMSC/2018 dated 29.06.2018 is contrary to law and illegal due to imposition of arbitrary and unreasonable conditions for participating in the tender. For Petitioner ..

Mr.Sai Krishnan for Mr.N.U.Prasanna For Respondents ..

Mr.Vijay Narayan, Advocate General assisted by Mr.T.N.Rajagopalan, Govt. Pleader for R1 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking to declare the tender floated by the second respondent vide Tender Ref. No.004/M(P)/ABC-KIT/TNMSC/2018 dated 29.06.2018 is contrary to law and illegal due to imposition of arbitrary and unreasonable conditions for participating in the tender, the present writ petition has been filed. 2.Heard the learned counsel appearing for the petitioner and the learned Advocate General appearing for the first respondent.

3.The issue raised in this writ petition is no longer res integra. Considering the same, a Division Bench of this Court in W.P.No.19352 of 2018, by following the earlier Division Bench judgment in W.P.No.22465 of 2013 dated 27.08.2014, was pleased to dismiss the writ petition as not maintainable in law. 4.In such view of the matter, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-V) // True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 9.

2.The Managing Director, Tamil Nadu Medical Services Corporation Ltd., No.417, Pantheon Road, Egmore, Chennai - 8.

W.P.No.20044 of 2018 VGI(CO) SMI/31.08.2018 https://hcservices.ecourts.gov.in/hcservices/