M/S.A.S.K.Earth Movers v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2018

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Writ Petition No.32749 of 2017 and W.M.P. No.36088 of 2017 A.S.K.Earth Movers rep.by Proprietor Mr.A.Sasikumar No.78/17, Jeganathan Street, Agaram, Chennai-600 082.

... Petitioner vs.

1. The Commissioner, Corporation of Chennai, Chennai-600 003.

2. The Regional Deputy Commissioner (Central), Chennai Corporation, No.36 B, Pulla Avenue, Shenoy Nagar, Chennai-600 030.

3. The Zonal Officer, Chennai Corporation, Zone-6, Ayanavaram, No.5, Anderson Road, Chennai-600 023.

4. M/s/Nellai Motors, rep.by Proprietor Kamaraj No.112, Ground Flloor, 3rd Street, Collector Nagar, Anna Nagar Extension, Chennai-600 101.

5. M/s.Prema Logistics, No.112, Ground Floor, 3rd Street, Collector Nagar, Anna Nagar Extension,'

Chennai-600 101.

... Respondents PRAYER: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 1st and 2nd respondents to investigate the malpractice involved in the award of tender No.Z.O.VI.C.No.E2/9408/2017 dated 02.11.2017 to the 4th respondent for Zone-VI Area, Chennai Corporation and https://hcservices.ecourts.gov.in/hcservices/

initiate appropriate action against the concerned officials and black-list the 4th and 5th respondents for the fraud and malpractice committed in securing the tender. For Petitioner : Mr.S.Udhayakumar For R1 to R3 : Mr.T.C.Gopalakrishnan Standing Counsel.

ORDER

This petition has been filed by the petitioner challenging the tender notification vide Z.O.VI.C.No.E2/9408/2017 issued by the 2nd respondent dated 02.11.2017 for removal of garbage from Otteri Dumping Ground and transport the same to Kodangaiyur Dumping ground, Zone-6.

2. Today, the 3rd respondent filed a counter affidavit, wherein, in paragraph 8, it is stated that the Tender Acceptence Committee has recommended for cancellation of tender.

So, the tender itself was cancelled administratively. Consequently, the cancellation notice was also sent to the petitioner and the 3rd respondent.

3. In view of the same, no further adjudication is required in this petition and the learned counsel appearing for the petitioner has also made an endorsement to that effect.

4. Recording the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is closed. Consequently, connected, Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar dss +1 CC TO T.C.GOPALAN KRISHNAN Advocate SR.NO. 55157 Writ Petition No.32749 of 2017 AK(CO) ASK(03/09/2018) https://hcservices.ecourts.gov.in/hcservices/