Siva Kumar v. Metro Water Tanker Lorry Contractors Association

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Siva Kumar S/o. M. Rajendran, Res. at No.17, st Link Street, Sadasivam Nagar, Madipakkam, Chennai 91.

2. Saravanan Res.at Plot No.127, Mahalakshmi Nagar, Puzhuthivakkam, Chennai 91.

3. Loganathan Res. at Plot No.67, 4th Street, Balakrishna Nagar, Velachery, Chennai 42.

4. K.Boobalan S/o. Kumaran, No.159, Tiruvenkata Perumal Street, Abdul Kalam Nagar, Rathinamangalam 127.

5. Balaraman Res. at No.2/6A, Balaji Nagar, 1st Cross St, Madipakkam, Chennai 91.

6. Swaminathan Res No.26A, Periyar Nagar, Behind Reliance Super Market, Tiruvanmiyur, Chennai.

(All are impleaded as per order DATED 18.02.2025 IN CMP No. 26504 OF 2024 IN WA No. 3300 OF 2024) Appellant(s) Vs

1. Metro Water Tanker Lorry Contractors Association Rep. by its President, P.S.Sundaram, No. 102, Bharathi Salai, Mugappair West Garden, Chennai 600037.

2.S.N.Jeevagan 63/30, Thambu Lane, Royampuram, Chennai 13.

3.The Managing Director Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), Chintadripet, Chennai -2 Respondent(s) PRAYER To review the Judgment/Order dated 18.02.2025, passed in WA No. 3300 of 2024 for proper adjudications and to pass such further order or other orders by this Court.

For Appellant(s):

Mr.K.Sudhan For Respondent(s):

M/s.R.Nalliyappan For R 1 M/s Krishna Ravindran Standing Counsel For CMWSSB For R 3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present Review Application has been filed to review the order of this Court dated 18.02.2025 in W.A.No.3300 of 2024. 2.

The Review Petitioners are the respondents 3 to 8 in the Writ Appeal. The Review petitioners were impleaded in the Writ Appeal, since they were not parties in the Writ proceedings. The eligibility criteria fixed by the Chennai Metropolitan Water Supply and Sewerage Board to participate in a tender notification was under challenge in the Writ proceedings and the writ petition was allowed. Challenging the writ order, W.A.No.3300 of 2024 has been instituted.

3.

This Court considered the issues in the Writ Appeal and made a finding that prescription of eligibility criteria is within the administrative domain of the Board. The Court can interfere with such eligibility criteria fixed to participate in a tender process, only if they are found to be unconstitutional or in violation of statutes or rules. The eligibility criteria are fixed based on certain technical expertise, and the Court not being an expert body, cannot substitute

the opinion of the expert in such technical matters. The Writ Appeal was allowed, and the tender process is in the final stage. At this juncture, the present Review Application has been filed.

4.

Learned counsel for the Review Petitioners has made an attempt to re-adjudicate the facts. The review petitioners are again raising grounds relating to eligibility criteria, which cannot be entertained in a review application. The scope of review cannot be extended for the purpose of re-adjudication of facts. Since the review petitioners have not established any error apparent warranting interference, in exercise of the powers of judicial review by this Court, this Court is not inclined to consider the present Review Application. 6.

Thus, the present Review Application is dismissed. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 18-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Metro Water Tanker Lorry Contractors Association Rep. by its President, P.S.Sundaram, No. 102, Bharathi Salai, Mugappair West Garden, Chennai 600037.

2.S.N.Jeevagan 63/30, Thambu Lane, Royampuram, Chennai 13.

3.The Managing Director Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), Chintadripet, Chennai -2

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd REV.APPL No. 63 of 18-03-2025