M/S.Sri Balaji Builders, No.19 v. District Collector / Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.31044 of 2017 M/s. Sri Balaji Builders, No.19, Ramamada Street, Vilippalayam, Nagapattinam, Partnership Firm represented by R.Senthil Kumar, Managing Partner, Rno.19, Ramamada Street, Vilippalayam, Nagapattinam.
...Petitioners
Vs.
1. District Collector/ Chairman, District Rural Development Agency, Collectorate, Nagapattinam.
2. Project Director (RD) District Rural developer Agency, Collectorate, Nagapattinam District.
3. Executive Engineer, District Rural Development Agency, Collectorate, Nagapattinam District.
... Respondent Prayer:
Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein to scrupulously follow the process of evaluation and comparison of the etender submitted by the petitioner firm dated 27.11.2017 in respect of technical bid (Pre-Qualification bid) as well as the financial bid respectively towards the e-tender called for under Pradhan Mantri Gram Sadak Yajana, PMGSY-II (20172018) for Upgradation and Five years maintenance of road from Keelaiyur - Karapidagaito Vizhutnamavadi Alam Link Road KM O/O - 3/973 in Keelaiyur Block under package No.TN09-260 and for Construction of Bridge Cross Keelaiyur Karaipidagai vizhutnamavadi Road in KM 0/8 in Keelaiyur jBlock under package No. TN-09-264, on merits and as per
the terms and conditions mentioned in the tender documents. For Petitioner : Mr.C.V.Vijayakumar For Respondents : Mr.P.V.Selvakumar, Additional Government Pleader.
O R D E R
This writ petition is filed seeking for the following relief.
To issue a Writ of Mandamus to direct the respondents herein to scrupulously follow the process of evaluation and comparison of the e-tender submitted by the petitioner firm dated 27.11.2017 in respect of technical bid (PreQualification bid) as well as the financial bid respectively towards the e-tender called for under Pradhan Mantri Gram Sadak Yajana, PMGSY-II (2017-2018) for Upgradation and Five years maintenance of Road from Keelaiyur - Karapidagaito Vizhutnamavadi Alam Link Road KM O/O - 3/973 in Keelaiyur Block under package No.TN-09-260 and for Construction of Bridge Cross Keelaiyur Karaipidagai Vizhutnamavadi Road in KM 0/8 in Keelaiyur Block under package No. TN-09-264, on merits and as per the terms and conditions mentioned in the tender documents.
2. The apprehension of the petitioner is that the respondents are going to allot the tender in favour of some influential person without following the terms and conditions of the tender strictly.
3. Learned Additional Government Pleader who took notice for the respondents vehemently opposed the allegation made by the petitioner by contending that the respondents would certainly follow the terms and conditions strictly and the apprehension of the petitioner is not well founded.
4. Needless to say that the authorities who floated the tender have to follow the terms and conditions of the tender, from the beginning to the end strictly and there cannot be any deviation. Therefore, this writ petition is
disposed of only with a direction to the respondents to follow the terms and conditions of the tender strictly and proceed to pass orders accordingly. No costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar vsi To
1. District Collector/ Chairman, District Rural Development Agency, Collectorate, Nagapattinam.
2. Project Director (RD) District Rural developer Agency, Collectorate, Nagapattinam District.
3. Executive Engineer, District Rural Development Agency, Collectorate, Nagapattinam District.
+1cc to Mr.C.V.Vijayakumar, Advocate, S.R.No.84681 W.P. No.31044 of 2017 RRK(30/11/2017)