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Madras High CourtWP/2226/2021closed

Apu Constructions, v. The Superintending Engineer,

2021-02-03Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. Nos.2226 & 2232 of 2021 APU Constructions, Rep. by its Managing Partner, N.Saroja, No.1167 E, Parvathi Rice Mill, Thendral Nagar, Vengaikkal, Thiruvannamalai District.

... Petitioner in both W.Ps.

Vs 1.The Superintending Engineer, Highways, Construction and maintenance Chennai Circle, Chennai - 600 106.

2.The Divisional Engineer (H), Quality Control, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai - 600 025. ... Respondents in both W.Ps. Prayer in W.P.No.2226 of 2021: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the 1st respondent from opening the tender documents in respect of tender notice No.21/2020-2021/SDO dated 31.12.2020 of the 1st respondent herein in respect of the works under the said tender notice without issuing the quality certificate of the petitioner and receiving the bids of the petitioner.

Prayer in W.P.No.2232 of 2021: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the 1st respondent from opening the tender documents in respect of tender notice No.22/2020-2021/SDO dated 04.01.2021 of the 1st respondent herein in respect of the works under the said tender notice without issuing the quality

certificate to the petitioner and receiving the bids of the petitioner.

For petitioner in both W.Ps.

...

Ms.AL.Gandhimathi For respondents in both W.Ps.

...

Mr.M.Loganathan Additional Government Pleader COMMON ORDER These writ petitions have been filed to forbear the first respondent from opening the tender documents in respect of tender No.21/2020-2021/SDO dated 31.12.2020 and tender No.22/2020-2021/SDO dated 04.01.2021 without issuing the quality certificate to the petitioner and receiving the bids of the petitioner.

2. Mr.M.Loganathan, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both parties, these writ petitions are taken up for final disposal at the time of admission itself.

3. Heard, Ms.AL.Gandhimathi, learned counsel for the petitioner and Mr.M.Loganathan, learned Additional Government Pleader for the respondents.

4. On instructions, Mr.M.Loganathan, learned Additional Government Pleader would submit that the quality certificate has been issued to the petitioner by the respondents on 21.01.2021 and the same was received by the petitioner on 28.01.2021. Learned counsel for the petitioner also agrees with the submission made by the learned Additional Government Pleader for the respondents.

5. Since the prayer sought for in these writ petitions have been achieved, nothing survives for further adjudication in these writ petitions. Accordingly, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar nl

To 1.The Superintending Engineer, Highways, Construction and maintenance Chennai Circle, Chennai - 600 106.

2.The Divisional Engineer (H), Quality Control, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

+1cc to Mr.AL.GANDHIMATHI, Advocate, S.R.No.5677, 5678 +1cc to the Government Pleader, Highcourt, Madras S.R.No.5937 NRL(CO) SM/24/02/2021 W.P. Nos.2226 & 2232 of 2021