S.Radhakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.11055 of 2022 & W.M.P.No.10646 of 2022 S.Radhakrishnan
...Petitioner
Vs.
1.The District Collector Chengalpattu District District Collectorate GST Road Chengalpattu-603 001.
2.Project Director District Rural Development Agency District Collectorate GST Road Chengalpattu-603 001.
3. Assistant Director (Panchayat) GST Road Venpakkam - 603 111 Chengalpattu District.
4. Block Development Officer (Block Panchayat) Lathur Panchayat Union Pavanchur-603 312 Chengalpattu District.
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direction to the respondents to conduct the tenders bearing reference numbers Na.Ka. No.874/ 2022/ A2 dated .04.2022 Na.Ka.No.2197/ 2021 / A2 dated .04.2022 and Na.Ka No.2022/2021/ A2 dated . 04.2022 and all future tenders in a fair and transparent manner especially through electronic mode.
For Petitioner : Mr.Jaishankar Ramakrishnan For Respondents: Mr.C.Jayaprakash Government Advocate for R1 to R3 Mr..Vadivelu Deenadayalan Additional Government Pleader for R4
O R D E R
Mr.C.Jayaprakash, learned Government Advocate accepts notice for respondents 1 to 3 and Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for R4. Both are armed with instructions to enable final disposal of this matter. Hence, by consent of both sides, this Writ Petition is disposed finally even at the stage of admission.
2. The petitioner seeks a mandamus directing the respondents to conduct the auction of tenders bearing reference numbers Na.Ka.No.874/ 2022/ A2 dated nil.04.2022 Na.Ka.No.2197/2021/A2 dated nil.04.2022 and Na.Ka.No.2022/2021/ A2 dated nil.04.2022 and all future tenders in a fair and transparent manner especially through electronic mode.
3. Such a wide prayer cannot be countenanced and the petitioner will have to restrict his prayer in respect of the enumerated tenders as aforesaid. As far as these tenders are concerned, learned counsel for the respondents would submit that the authorities have no intention not to conduct the tenders in a fair and transparent manner and will ensure that all procedures in this regard will be followed scrupulously. This is recorded.
4. As regards the second limb regarding the electronic conduct of tenders, this Court is unaware, as no material is placed before me, to indicate whether there is any embargo upon the respondents to conduct the tender online only, or whether the mode, online or physical, is at the option of the tenderer. Suffice it to say that all applicable rules and regulations in regard to the conduct of tender would have to be followed and needless to state, thepetitioner is at liberty to participate in the tender and his bid, if any, shall be processed in accordance with the tender Regulations and in accordance with law.
5. With this, this writ petition stands closed. Connected writ miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar nst/sl
To, 1.The District Collector Chengalpattu District District Collectorate GST Road Chengalpattu-603 001.
2.Project Director District Rural Development Agency District Collectorate GST Road Chengalpattu-603 001.
3. Assistant Director (Panchayat) GST Road Venpakkam - 603 111 Chengalpattu District.
4. Block Development Officer (Block Panchayat) Lathur Panchayat Union Pavanchur-603 312 Chengalpattu District.
+1cc to Mr.Jaishankar Ramakrishnan, Advocate SR.No.30137 +1cc to Government Pleader SR.No.30875, 30864 W.P. No.11055 of 2022 & W.M.P.No.10646 of 2022 KV(CO) GMY(30/05/2022)