Udhayam Constructions v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.04.2018

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM WA.No.611/2018 & CMP.No.5943/2018 Udhayam Constructions rep.by its Manager No.11, Sattaiyappar Sannathi Nagapattinam 611001 ..Appellant/Petitioner

Versus

1.The Executive Officer Velankanni Town Panchayat Velankanni.

2.The Assistant Director of Town Panchayat Room NO.311, Thanjavur Collectorate Complex Thanjavur.

3.The Secretary to Government Municipal Administration and Water Supply Department, Fort St George, Chennai 600 009.

4.Elayaraja ..Respondents/Respondents Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent Actagainst the order in WP.No.71/2018 dated 09.02.2018. Prayer in WP.No.71 of 2018:Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to forbearing the first respondent herein from in any manner rejecting the petitioner tender and consequently directing the first respondent to evaluate the petitioners quote as inclusive of taxes as per tender condition No.12.3 and finalise the tender process published by the first respondent in Tender notification of the first respondent Heritage Development Augmentation Yojana (HRIDAY) Phase II Fund 2017-18 without rejecting the tender of the petitioner.

For Appellant :

Mr.K.M.Vijayan, SC for M/s.K.M.Vijayan Associates For R1 to R3 :

Mr.R.Udhayakumar, AGP For R4 :

Mr.R.Nalliyappan https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was made by M.SATHYANARAYANAN, J.,] Learned counsel for the appellant, on instructions, seeks permission of this Court to withdraw this writ appeal and also made an endorsement in the petition to that effect. The Court heard the submissions of Mr.R.Udhayakumar, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.R.Nalliyappan, learned counsel appearing for the 4th respondent.

In the light of the endorsement made, the writ appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To 1.The Executive Officer Velankanni Town Panchayat Velankanni.

2.The Assistant Director of Town Panchayat Room NO.311, Thanjavur Collectorate Complex Thanjavur.

3.The Secretary to Government Municipal Administration and Water Supply Department, Fort St George, Chennai 600 009.

+1cc to Government Pleader SR.No.28875 MR(CO) sm:14.5.2018 WA.No.611/2018 https://hcservices.ecourts.gov.in/hcservices/