Krishna Engineering v. The Director (Generation)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.14195 of 2015 and M.P.No.1 of 2015 Krishna Engineering No.57, G-3, Ashok Manor, M.C.Nagar, 3rd Main Road, Hasthinapuram,Chennai - 600 064 Rep. by its Partner A.K.Saravanan ..

Petitioner Vs 1.The Director (Generation) TANGEDCO 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, Mettur Thermal Power Station, Stage 1, Mettur Dam - 636 406.

3.The Superintending Engineer, P&A Mettur Thermal Power Station, Stage 1, Mettur Dam - 636 406.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents Corporation represented by its officers of MTPS Stage-I to consider the experience of one of its partner as experience for the partnership firm of this petitioner and to consider the eligibility of the Petitioner's Technical Bid for the Tender Specification CE/M TPSI/SE/P&A/S&I/AEE 2/O.T.No.134/2014-15 dated 17.12.2014 based on the satisfaction of the BQR conditions and consequently consider the Price Bid of the Tender submitted by the petitioner.

For Petitioner : Mr.S.Silambanan Senior Counsel for M/s.Profexs Associates For Respondents : Mr.S.K.Rameshwar Standing Counsel for TNEB

ORDER

Heard Mr.S.Silambanan, learned Senior Counsel representing M/s.Profex Associates, the learned counsel for the petitioner and Mr.S.K.Rameshwar, learned Standing Counsel appearing for the respondents and with their consent, this Writ Petition is taken up for final disposal.

2. After some arguments, the learned counsel appearing for the respondents produced a letter before this Court dated 31.10.2015 addressed to him by the Chief Engineer, Mettur Thermal Power Station, Mettur Dam/2nd respondent in the Writ Petition. It is stated in the said letter that as per the remarks of the Chief Financial Controller / General's Circular Memo under reference (4) cited in the letter as approved by the Director / Finance / TANGEDCO, the tender has to be lodged, since it was floated by CE/MTPS 1 who is delegated with the power of Rs.50 Lakhs only, whereas the total value of this tender is 74.11 Lakhs (Approximately).

3. In the light of the above, nothing survives for adjudication in this Writ Petition and the Writ Petition stands closed. It is open to the second respondent to proceed further in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR ds To 1.The Director (Generation) TANGEDCO,144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, Mettur Thermal Power Station, Stage 1, Mettur Dam - 636 406.

3.The Superintending Engineer, P&A Mettur Thermal Power Station, Stage 1, Mettur Dam - 636 406.

+1 CC to MR.S.K.Rameshwar Advocate. SR.NO. 64783 W.P.No.14195 of 2015 CO-KJI JD 14/12/2015