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Madras High CourtWP/13121/2020dismissed as infructuous

M/S.Babu Roadways v. The General Manager

2024-01-30Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M/s.Babu Roadways Represented by its Proprietor, P.N.Rupesh Babu, S/o P.A.Narendra Babu, S.Block, No.15, 5th Avenue Road, Anna Nagar, Chennai - 40.

... Petitioner Vs.

1. The General Manager, Integral Coach Factory, Dr.Ambedkar Road, Integral Coach Factory Area, ICF North Colony, Konnur, Chennai, Tamil Nadu - 600 038.

2. The Principal Chief Engineer, Integral Coach Factory, Dr.Ambedkar Road, Integral Coach Factory Area, ICF North Colony, Konnur, Chennai, Tamil Nadu - 600 038.

3. The Deputy Chief Engineer, Integral Coach Factory, Dr.Ambedkar Road, Integral Coach Factory Area, ICF North Colony, Konnur, Chennai, Tamil Nadu - 600 038.

4. M/s.Lakshmi Naryanan Transports Represented by its Proprietor P.A.Lakshminarayanan S/o. P.R.K.Ananthasayanan, No.1660, 21st Main Road, Anna Nagar, Chennai - 40.

5. M/s.Koyi Rajesh Babu Prakasam, T2, Lakshmi Tower, Bhagyanagar 4th Line, Prakasam 523 001.

Andhra Pradesh India.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling of the records of the 3rd respondent in its Work Order No.EW1078/00886670022706 dated 24.07.2020 and quash the same and consequently direct the respondents 1 to 3 to award the work in favour of eligible tenderer strictly in accordance with the Tender Specification.

For Petitioner : Mr.V.Vijayashankar For R1 to R3 : Mr.P.T.Ramkumar, Standing Counsel For R4 : Mr.S.S.Swaminathan For R5 : Not ready in notice

O R D E R

The order dated 24.07.2020 issued by the 3rd respondent issuing work order for supply of water inside the ICF Colony is under challenge in the present writ petition.

2. The order impugned would reveal that the entire work allotted shall be completed within 24 months from the date of issuance of letter of acceptance. Entire work shall be completed on or before 23.07.2022. Therefore, the period granted to complete the work expired and thus, the writ petition became infructuous.

3. The learned counsel for the petitioner would submit that work order was subsequently extended in favour of the 5th respondent. Therefore, the petitioner is at liberty to challenge, if any such order has been passed and the grounds raised in the present writ petition also may be raised in the event of any challenge made against the subsequent order.

4. With this liberty, this Writ Petition stands disposed of infructuous. No costs.

30.01.2024 Jeni Index : Yes Speaking order / Non-speaking order To

1. The General Manager, Integral Coach Factory, Dr.Ambedkar Road, Integral Coach Factory Aread, ICF North Colony, Konnur, Chennai, Tamil Nadu - 600 038.

2. The Principal Chief Engineer, Integral Coach Factory, Dr.Ambedkar Road, Integral Coach Factory Aread, ICF North Colony, Konnur, Chennai, Tamil Nadu - 600 038.

3. The Deputy Chief Engineer, Integral Coach Factory, Dr.Ambedkar Road, Integral Coach Factory Aread, ICF North Colony, Konnur, Chennai, Tamil Nadu - 600 038.

S.M.SUBRAMANIAM, J.

Jeni 30.01.2024