Vijaya Earth Movers & System v. The Director (Generation),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.23984 of 2016 W.M.P.No.20510 of 2016 Vijaya Earth Movers & System Engineers, 146, 15th Cross, 2nd Stage, Mahalaxmipuram, Bangalore - 560 086.

Rep. by its Proprietor, Mr.V.Sivagurunathan.

.. Petitioner Vs.

1. The Director (Generation), Tamil Nadu Generation and Distribution Limited, NPKKRR Maligai, 144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Mechanical, Thermal Station, 3rd Floor, NPKKRR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer, Mettur Thermal Power Station, Mettur Dam - 636 403, Salem District.

4. M/s.Tap Engineering, 152 (SP), Ambattur Industrial Estate, 1st Main Road, 4th Lane, 21st Phase, Chennai - 600 058. .. Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents 1 to 3 from awarding the entire work with respect to the tender specification No.CE/MTPS I/SPARES/AEE.2/O.T.No.161/ 2015-16, dated 19.01.2016 to the 4th respondent and direct the respondents 1 to 3 to award the tender with respect to three categories of work, viz., a) Primary Crusher, b) Secondary Crusher and D) Conveyor 6A and 6B to the petitioner.

For Petitioner : Mr.M.Muthappan For R1 to R3 : Mr.P.R.Dhilip Kumar Standing Counsel for TANGEDCO For R4 : Mr.P.Vasanth - - - - -

O R D E R

When the matter is taken up for hearing today, the learned counsel appearing for the Writ Petitioner submitted that the prayer sought for in this Writ Petition has become infructuous and hence, this Writ Petition may be dismissed. To that effect, he has also made en endorsement in the bundle.

2. In view of the submissions and the endorsement made by the learned counsel appearing for the Writ Petitioner, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar asi To

1. The Director (Generation), Tamil Nadu Generation and Distribution Limited, NPKKRR Maligai, 144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Mechanical, Thermal Station, 3rd Floor, NPKKRR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer, Mettur Thermal Power Station, Mettur Dam - 636 403, Salem District.

4. M/s.Tap Engineering, 152 (SP), Ambattur Industrial Estate, 1st Main Road, 4th Lane, 21st Phase, Chennai - 600 058.

+1cc to Mr.M.Muthappan, Advocate, S.R.No.23582 W.P.No.23984 of 2016 W.M.P.No.20510 of 2016 JP(CO) RRS(23/04/2019)