Tsr Builders v. The Superintending Engineer (H)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.1091 of 2019 and W.M.P.Nos.1228 and 1229 of 2019 TSR Builders, Represented by its Partner, R.Chinnaduraii, No.50, Avarankath Street, Thiruvannamalai.

... Petitioner Vs.

1.The Superintending Engineer (H), Nabard and Rural Roads Circle, Chengalpet.

2.The Divisional Engineer (H), Nabard and Rual Roads, Cuddalore.

3.The Divisional Engineer (H), Nabard and Rural Roads, Vellore.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the Tender Notification in Tender Notice No.27/2018-2019/SDO, dated 11.12.2018 and to quash the same.

For Petitioner: Mrs.A.L.Ganthimathi For Respondents: Mr.S.R.Rajagopal, AAG Assisted by Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The instant Writ Petition has been filed for issuance of a Writ of Certiorari to call for the records relating to the Tender Notification in Tender Notice No.27/2018-2019/SDO, dated 11.12.2018 and to quash the same.

2. According to the learned counsel appearing for the petitioner, as per Rule 20 of Tamil Nadu Transparency in Tender Rules 2000, minimum period of tender should be published and in the present case, the same has not been done. Though the Notification was published as early as on 11.12.2018, the tender schedule was not uploaded till the Writ Petition was filed.

3. The grievance of the petitioner is that since the tender schedule has not been uploaded in the website, it would be difficult for the petitioner to collect the required documents, in the absence of the tender specification. In the event of the petitioner is unable to collect the required documents within the time stipulated, the petitioner would be unable to participate in the tender.

4. When the matter came up for admission, the petitioner was advised to apply and take part on the tender and it was also directed to verify whether the time can be extended by few days.

5. Today, when the matter is taken up for hearing, the learned counsel for the petitioner stated that the petitioner had also applied as the tender schedule was uploaded, after the Writ Petition was moved. As the petitioner has uploaded his application as per the tender schedule, the petitioner cannot be aggrieved. The respondents are directed to consider the application of the petitioner, if it is otherwise in order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Superintending Engineer (H), Nabard and Rural Roads Circle, Chengalpet.

2.The Divisional Engineer (H), Nabard and Rual Roads, Cuddalore.

3.The Divisional Engineer (H), Nabard and Rural Roads, Vellore.

+1cc to Mr.AL.Ganthimathi, Advocate sr.6265 W.P.No.1091 of 2019 and W.M.P.Nos.1228 and 1229 of 2019 srg 30/01/2019