Mr.G.Murugavel, Proprietor v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.831 of 2017 G.Murugavel, Proprietor, M/s.Annamalaiyar Associates .. Petitioner Vs 1.The Commissioner, Mettupalayam Municipality, Mettupalayam, Coimbatore District.

2.D.Karuppasamy .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the Tender Scrutiny Committee of the first respondent to take into consideration of the petitioner's oral objection dated 04.01.2017 and written objection dated 07.01.2017 and to evaluate the technical bid strictly in conformity with para 11 of the tender condition as prescribed in tender schedule in Tender No.6219/2016/H1 for engaging 151 numbers of workers for Municipal Solid Waste Management service comprising of door to door collection of municipal solid waste, road / street sweeping, drain cleaning, public toilet cleaning and storage of waste at designated collection points on contract basis for a period of one year at Mettupalayam Municipality. For petitioner : Mr.Su.Srinivasan for M/s.Vanathi Srinivasan For R1 : Mr.A.S.Thambuswamy

O R D E R

The petitioner seeks a direction to the first respondent / the Commissioner, Mettupalayam Municipality, to take into consideration of his written objection dated 07.01.2017 and then to evaluate the technical bid in conformity with para 11 of the condition mentioned in Tender https://hcservices.ecourts.gov.in/hcservices/

No.6210/2016/H1.

2. When the matter is taken up, learned counsel for the first respondent, by placing on record a proceeding dated 06.01.2017, stated that on 06.01.2017 itself, the work order has been allotted to the second respondent, therefore, the prayer of the petitioner seeking to evaluate the technical bid as per the above said Tender, cannot be sustained now.

3. In view of such proceeding, now, the learned counsel for the petitioner sought permission of this Court to withdraw the writ petition with liberty to challenge the subsequent proceeding dated 06.01.2017 of the first respondent allotting the work order in favour of the second respondent.

4. Recording the above said statement, the writ petition is dismissed as withdrawn giving such liberty as sought for by the learned counsel for the petitioner. No Costs. WMP.No.856 of 2017 is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Commissioner, Mettupalayam Municipality, Mettupalayam, Coimbatore District.

+1cc to Mr.As.Thambuswamy W.P.No.831 of 2017 KS(CO) GN(02/02/2017) https://hcservices.ecourts.gov.in/hcservices/