C.M.Krishnan, v. The Superintending Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:17.01.2018
CORAM
THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.Nos.435 and 436 of 2018 and W.M.P.Nos.490 and 491 of 2018 W.P.No.435 of 2018 C.M.Krishnan ... Petitioner vs.
1. The Superintending Engineer, Highways (C&M) Chennai Circle, No.299, Anna Salai, Chennai - 600 006.
2. The Divisional Engineer, Tiruvannamalai.
..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent herein to forthwith open the tender schedule submitted by the petitioner on 4.1.2018 before finalizing or awarding the work with regard to the Special Repair Work in Polur(H) C & M, Sub Division Jurisdiction (Package 85) under Sl.No.5 in tender Notice No.15/2017-2018/HDO dated 28.11.2017 of the 1st respondent.
W.P.No.436 of 2018 C.M.Krishnan ... Petitioner vs.
1. The Superintending Engineer, Highways (C&M) Villupuram Circle,
Ellis Chatram Road, Vazhudhareddy, Kandamanady Post, Villupuram - 605 401.
2. The Divisional Engineer, Villupuram.
..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent herein to forthwith open the tender schedule submitted by the petitioner by Speed Post with Ack. Due on 3.1.2018 and received by the 1st respondent herein on 4.1.2018 before finalizing or awarding the work with regard to the Special Repairs to the Government Roads under Gingee (H) C & M, Sub Division (Package 71) under Sl.No.4 in tender Notice No.19/2017-2018/HDO dated 28.11.2017 of the 1st respondent. For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel for Mrs.AL.Ganthimathi For Respondents : Mr. M.Elumalai Government Advocate for R1 & R2.
COMMON ORDER In both these writ petitions, the petitioner has sought for Mandamus directing the first respondent to forthwith open the tender schedule submitted by the petitioner before finalising or awarding the work with regard to the subject matter tender shown in the writ petitions.
2. After notice, today the writ petitions are taken up for further hearing.
3. Learned Government Advocate appearing for the respondents, based on instructions, submitted that all the tenders including that of the petitioner are opened on 04.01.2018 and 10.01.2018 respectively and therefore, the prayer sought for in these writ petitions has become infructuous.
4. Mr.AR.L.Sundaresan, learned senior counsel appearing for the petitioner submitted that the said statement may be recorded and the respondents may be directed to process the tenders in accordance with the terms and conditions.
5. Needless to say that it is for the respondents to go ahead with the entire tender process in accordance with the terms and conditions without giving any room for any complaint whatsoever.
6. The above statement of the learned Government Advocate is recorded and the writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vsi To
1. The Superintending Engineer, Highways (C&M) Chennai Circle, No.299, Anna Salai, Chennai - 600 006.
2. The Divisional Engineer, Tiruvannamalai.
3. The Superintending Engineer, Highways (C&M) Villupuram Circle, Ellis Chatram Road, Vazhudhareddy, Kandamanady Post, Villupuram - 605 401.
4. The Divisional Engineer, Villupuram.
+1cc to Mr.Mrs.AL.Ganthimathi, Advocate, S.R.No.3542 +1cc to the Government Pleader, S.R.No.4097 W.P.Nos.435 & 436 of 2018 nrjk(CO) sK(03/02/2018)