Manugandhi v. The Chairman / The District

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.27478 OF 2006 MANUGANDHI

...Petitioner

Vs 1 THE CHAIRMAN / THE DISTRICT COLLECTOR DISTRICT LEVEL IMPLEMENTATION COMMITTEE (NATIONAL PROJECT FOR REPAIR RENOVATION AND RESTORATION OF WATER BODIES...) COLLECTORATE VILLUPURAM.

2 THE SUPERINTENDING ENGINEER PWD WATER RESOURCES ORGANISTION TANK MODERNISATION CIRCLE VELLORE CIRCLE VILLUPURAM DIVISION VILUPURAM DISTRICT

...Respondents

Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 2nd respondent in Tender Notification No 89 Pala / 2005 - 2006/ Evatho / Anava / Vellore dated 06.06.2006 and quash the same and consequently directing the 1st respondent to implemnt the scheme in accordance with GO (2d) No.29 Public Works (W2) Dept. dated 23.06.2005 in so far as the tanks specified in Annexure II of the Government order under the Pilot Scheme National Project for Repair Renovation and Restoration of Water bodies directly linked to Agricultural scheme.

For petitioner : Mr.S.P.Harikrishnan For M/s.La Law For respondents: Mr.G.B.Rajesh, Government Advocate

O R D E R

The tender notification issued by the second respondent in proceeding dated 6.6.2006 is under challenge in the present Writ Petition.

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2. The learned counsel for the petitioner states that the procedures contemplated for processing the tender were not followed by the respondents.

3. However, it is seen that the tender notification is of the year 2006 and the tender was in relation to de-silting the vandal/sand from the water bodies, more specifically, Yeri. On account of the efflux of time, the grounds raised in the present Writ Petition deserves no merit consideration. This apart, the finance bid quoted in the year 2006 by the Writ Petitioner cannot be considered now, after a lapse of about 12 years. However, it is made clear that tenders are to be considered strictly by following the procedures contemplated under the rules. The petitioner is at liberty to participate in the ensuing tender, if any notified by Competent Authorities and the authorities are bound to consider the all applications submitted, in accordance with the procedures contemplated.

4. With these observations, the Writ Petition stands disposed of. No costs. Consequently, M.P.No.2 of 2006 is closed. tar Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 THE CHAIRMAN / THE DISTRICT COLLECTOR DISTRICT LEVEL IMPLEMENTATION COMMITTEE (NATIONAL PROJECT FOR REPAIR RENOVATION AND RESTORATION OF WATER BODIES...) COLLECTORATE VILLUPURAM.

2 THE SUPERINTENDING ENGINEER PWD WATER RESOURCES ORGANISTION TANK MODERNISATION CIRCLE VELLORE CIRCLE VILLUPURAM DIVISION VILUPURAM DISTRICT.

+1CC to M/s.La Law, Advocates, vide SR.NO.7875 W.P. No.27478 OF 2006 RV(CO) Kak(26/03/2019) https://hcservices.ecourts.gov.in/hcservices/