Arunai Construction v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2020

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.8911 of 2020 and W.M.P.Nos.10836 & 10837 of 2020 Arunai Constructions.

rep. by its Partner.

D.Venkatesan, No.136/52 Mathalangula Street, Thiruvannamalai District.

... Petitioner Vs

1. The Superintending Engineer Highways, Construction & Maintenance Chennai Circle, Chennai - 600 106.

2. The Divisional Engineer (H), Quality Control, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

... Respondents Prayer:

Writ Petition filed under Section Article 226 of the Constitution of India praying for a Writ of Mandamus, forbearing the 1st respondent from opening the tender documents in respect of tender notice No.6/2020-2021/HDO dated 30.05.2020 of the 1st respondent herein in respect of the works under the said tender notice without issuing the quality certificate to the petitioner and receiving the bids of the petitioner.

For Petitioner :

Mrs.AL.Ganthimathi For Respondents :

Mr.R.Govindasamy, Special Government Pleader

O R D E R

This matter is taken up for hearing through VideoConferencing mode.

2. Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner seeks for a Mandamus forbearing the 1st respondent from opening the tender documents in respect of tender notice No.6/2020-2021/HDO dated 30.05.2020 of the 1st respondent herein in respect of the works under the said tender notice without issuing the quality certificate to the petitioner and receiving the bids of the petitioner.

4. At the time of filing the writ petition, the grievance of the petitioner was that without issuing the quality certificate, the 1st respondent is trying to open the tender documents. Now, when the matter is taken up for admission today, the learned counsel for the petitioner, Mrs.AL.Ganthimathi, submitted that after filing the writ petition, the quality certificate has been issued and therefore, the said fact may be recorded and the writ petition may be closed. Learned Special Government Pleader appearing for the respondents is not disputing the said fact.

5. Accordingly, recording the above said fact, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vsi To

1. The Superintending Engineer Highways, Construction & Maintenance Chennai Circle, Chennai - 600 106.

2. The Divisional Engineer (H), Quality Control, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

W.P.No.8911 of 2020 and W.M.P.Nos.10836 & 10837 of 2020 MG(CO) CB(03/08/2020)