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Madras High CourtWP/3758/2021disposed of

S.Mahadevan v. The Commissioner

2021-02-17Honourable Mr Justice B.Pugalendhi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.No. 3758 of 2021 S.Mahadevan

...Petitioner

Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Chief Engineer (General), Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Superintendent of Engineer, Storm Water Drain, Rippon Building, Greater Chennai Corporation, Chennai - 600 003.

4.The Executive Engineer, Storm Water Drain, Corporation of Chennai, Rippon Building, Chennai - 600 003.

..Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to permit the petitioner to participate in the tender, Viz., E-Short Tender Notice in S.W.D.C.No.B2/0205/2021, which is the 3rd respondents published in the website dated 03.02.2021 in respect of 27 works without insisting upon the machinery certificate issued by the 4th respondent based on the tender document in 8 serial 07 clause 3.2(n) and considering the petitioner representation dated 10.02.2021.

For Petitioner : Mr.E.C.Ramesh For Respondents : M/s.P.T.Ramadevi

O R D E R

This writ petition is filed for a mandamus, directing the respondents to permit the petitioner to participate in the tender by a tender notice in S.W.D.C.No. B2/20205/2021 published by the 3rd respondent in their website on 03.02.2021 in respect of 27 works without insisting upon the machinery certificate, which has to be issued by the 4th respondent based on the tender document. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is a registered Class - 1 contractor and he has also intended to participate in the tender called for by the respondent and one of the condition is that the participant must possess the machinery mentioned in the tender document and enclose a certificate containing all required machineries for the above said work. He is also having all the required machineries and the 4th respondent in the previous contract in September 2016 has also issued a certificate that the petitioner is having al the required machineries for the road work but this year, the certificate has not been issued so far. Therefore, the petitioner is deprived from participating in the tender process.

3. Mrs.P.T.Ramadevi, learned counsel appearing for the Corporation submits that the certificate has been issued today i.e., on 17.02.2021.

4. In view of the submissions made by the learned counsel for the Corporation, this writ petition is closed as no further orders are necessary. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kkn To:- 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Chief Engineer (General), Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Superintendent of Engineer, Storm Water Drain, Rippon Building, Greater Chennai Corporation, Chennai - 600 003.

4.The Executive Engineer, Storm Water Drain, Corporation of Chennai, Rippon Building, Chennai - 600 003.

+1cc to Mr.E.C.Ramesh, Advocate SR.No. 9309 +1cc to M/s.P.T.Ramadevi , Advocate SR.No. 9403 W.P.No. 3758 of 2021 A.SK(15.03.2021) https://hcservices.ecourts.gov.in/hcservices/