M/S.Kpr And Co v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 3835 of 2025 M/S.KPR AND CO., REP. BY ITS PARTNER S.P.RAMAR SOORAPALLI (POST), JALAKANTAPURAM (VIA) METTUR TALUK, SALEM DISTRICT-636 501.
... Petitioner Vs 1.
THE MANAGING DIRECTOR TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, 31 KAMARAJAR SALAI, CHEPAUK, CHENNAI-600 005.
2.
THE CHIEF ENGINEER, TWAD BOARD, COIMBATORE.
3.
THE SUPERINTENDIGN ENGINEER TWAD BOARD, ETK CIRCLE, ERODE.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the second respondent from opening the price bid or issuing any work order in respect of the tender Page No.1/5
bearing IFB No.7/ F.UTM Schemes-Erode/ SDO (T6)/ CE/ CBE/ 2024 dated 09.12.2024.
For Petitioner : Mr.K.S.Viswanathan,Senior Advocate for Mr.T.Hemalatha For Respondents : Mr.P.S.Raman, Advocate General assisted by M/s.S.Mekhala
ORDER
The writ petition is filed with a prayer to forbear the second respondent from opening the price bid or issuing any work order in respect of the tender bearing IFB No.7/ F.UTM Schemes-Erode/ SDO (T6)/ CE/ CBE/ 2024 dated 09.12.2024.
2. The grievance of the petitioner is that shortly before the time was to expire to submit the bid, an additional notification was issued to make a site visit, obtain a site visit certificate and upload the same. There was no ample time for the petitioner to do the same. Therefore, the petitioner has approached this Court on the ground that the entire proceedings are vitiated. Page No.2/5
3. When the writ petition came up for hearing, the learned Advocate General appearing on behalf of the respondents Board, on instructions, would submit that without prejudice to their contentions, they will now permit this petitioner and yet another similarly situated person, who have pleaded that they did not have enough time to visit the site and get the site certificate, by visiting the site within two days. As and when they visit and upload the site certificate, it will be treated as if everything is done within time and their bids will be considered on merits and will not be disqualified on this aspect.
4. Recording the same, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.02.2025 Yes/No nsl To 1.
THE MANAGING DIRECTOR Page No.3/5
TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, 31 KAMARAJAR SALAI, CHEPAUK, CHENNAI-600 005.
2.
THE CHIEF ENGINEER, TWAD BOARD, COIMBATORE.
3.
THE SUPERINTENDIGN ENGINEER TWAD BOARD, ETK CIRCLE, ERODE.
D.BHARATHA CHAKRAVARTHY, J.
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nsl 05.02.2025 Page No.5/5