K.Rathinasami v. The Assistant Director Of Town Panchayat
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.12860 of 2025 and W.M.P.Nos.14399 & 14401 of 2025 Rathinasami ... Petitioner Vs.
1.The Assistant Director of Town Panchayat, Office of the Assistant Director of Town Panchayat, District Collectorate, Salem District.
2.The Executive Officer, Special Grade, Omalur Town Panchayat, Salem District.
3.Omalur Special Grade Town Panchayat, Rep. By its President, Salem District.
4.M/s.Vikram Constructions, Proprietor, S.Dharmalingam, Kottampetupatty, Omalur, Salem District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records of the Public Tender Notice in Na.Ka.No.7/2025/A2 dated Page No.1 of 7
03.01.2025 quash the same in respect of Item Nos.1 & 3 of the schedule quash the same consequently direct the second respondent to issue a fresh Public Tender Notice in respect of Item Nos.1 & 3 of the schedule Public Tender Notice in Na.Ka.No.7/2025/A2 dated 03.01.2025 issued by the second respondent.
For Petitioner : Mr.K.M.Balaji For Respondent 1 :
Mr.M.Rajendiran, Additional Government Pleader For Respondents 2 & 3 :
M/s.S.Indhu Bala, Additional Government Pleader
O R D E R
The petitioner has filed this petition to call for the records of the Public Tender Notice in Na.Ka.No.7/2025/A2 dated 03.01.2025 quash the same in respect of Item Nos.1 & 3 of the schedule quash the same consequently direct the second respondent to issue a fresh Public Tender Notice in respect of Item Nos.1 & 3 of the schedule Public Tender Notice in Na.Ka.No.7/2025/A2 dated 03.01.2025 issued by the second respondent.
2. The case of the petitioner is that the petitioner challenges the tender process initiated by the second respondent through a public auction notice Page No.2 of 7
dated 03.01.2025 (Na.Ka.No.7/2025/A2), specifically with regard to Item Nos.1 and 3 relating to toll collection for roadside shops and a goat market. Although the petitioner, a qualified bidder and former successful contractor for 2018-2019, had prepared the necessary Demand Drafts and documents to participate in the auction, the office staff of the second respondent refused to accept the same on 22.01.2025, allegedly under instructions from higher authorities. Despite being informed that no bids were received and a reauction would be held on 04.02.2025, the petitioner later learned that the auction was conducted and the fourth respondent was declared the successful bidder for Item Nos.1 and 3. Challenging the same the petitioner has come forward with the present writ petition.
3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 13.02.2025 and pass appropriate orders on merits and in accordance with law, within a time frame to be fixed by this Court.
4. Learned Additional Government Pleader appearing for the first Page No.3 of 7
respondent has no objection for the said order being passed by this Court.
5. Heard the learned counsel on either side and perused the materials placed on record.
6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 13.02.2025, after giving due notice to the petitioner as well as the fourth respondent, affording an opportunity of personal hearing and considering the documents filed by both the parties on merits, in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and directions. No costs. Consequently, connected miscellaneous petitions are closed.
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vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Assistant Director of Town Panchayat, Office of the Assistant Director of Town Panchayat, District Collectorate, Salem District.
2.The Executive Officer, Special Grade, Omalur Town Panchayat, Salem District.
3.The President, Omalur Special Grade Town Panchayat, Salem District.
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J.SATHYA NARAYANA PRASAD,J.
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