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Madras High CourtWP/8864/2023disposed of

K.Komban v. The Principal Secretary

2023-03-21Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.Komban ... Petitioner Vs.

1.The Principal Secretary, Adi Dravidar Welfare Department, Government of Tamil Nadu, Secretariat, Chennai.

2.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.

3.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Tiruppur.

4.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Erode.

5.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Karur.

6.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Coimbatore.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to allot the works to the petitioner.

For Petitioner : Mr.B.Mohan For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader *****

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to allot the works to the petitioner.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice on behalf of the respondents.

3. It is the case of the petitioner that, he is a registered contractor with the respondents 3 to 6 for the past 15 years and awarded with the work of maintaining Hostels, Roads, buildings, etc., from time to time. Thereafter, his registration as a contractor for the year 2022 - 2023 with the respondents 3 and 5 were renewed on 18.07.2022 and 11.08.2022 respectively. However, the petitioner was not awarded with any work by the respondents 3 to 6 for the last one year. Aggreived by the same, the petitioner has made a representation 2/6

dated 20.09.2022 before the respondents 1 and 2. Since the same was not was considered, the petitioner made another representation before the respondents 1 and 2 on 11.01.2023. Even then, there was no response from the respondents 1 and 2. Hence, the petitioner has come forward with the above writ petition.

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to allot work to the petitioner within the time frame that may be stipulated by this Court.

5. Learned Special Government Pleader appearing for the respondents submits that the petitioner did not participate in any tender floated by the respondents. He further submits that as and when the tender is called for, the petitioner can very well participate in that and appropriate orders will be passed in the manner known to law.

6. I have carefully considered the submissions made by the learned counsel on either side.

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7. As rightly submitted by the learned Special Government Pleader appearing for the respondents, though the petitioner is a registered contractor with the respondents 3 to 6, he did not participate in any of the tenders floated by the respondents. Without participating in the tender process initiated by the respondents, filing the present writ petition seeking a mere direction to the respondents to allot work to the petitioner is unsustainable.

8. Hence, this writ petition is dismissed. No costs. 21.03.2023 Index : Yes / No Speaking order / Nonspeaking order 4/6

To 1.The Principal Secretary, Adi Dravidar Welfare Department, Government of Tamil Nadu, Secretariat, Chennai. 2.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.

3.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Tiruppur.

4.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Erode.

5.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Karur.

6.The District Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar and Tribal Welfare Officer, Coimbatore. 5/6

M.DHANDAPANI, J.

(rap) 21.03.2023 6/6