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Madras High CourtWP/27405/2017disposed of

Dharani Hi - Tech Projects v. The District Collector,

2017-10-25Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.27405 to 27407 of 2017 Dharani Hi-Tech Projects Pvt.Ltd.

No.28, Annavasal Street, Mannargudi-614 001 represented by its Authorised Signatory, V.Sridharan .. Petitioner in W.P.No.27405 and 27407/2017 M.Ilayaraja .. Petitioner in W.P.No.27406/2017 Vs.

1.The District Collector, Nagapattinam.

2. The Project Director, R.D, District Rural Development Agency, Nagapattinam.

.. Respondents 1 & 2 in W.P.No.27405/2017 3.The District Collector,

4. The Project Director, R.D, District Rural Development Agency, .. Respondents 1 & 2 in W.P.Nos.27406 & 27407/2017 Prayer: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein to allow the petitioner to participate the tender works called for by the 2nd respondent in TN 09-(228 to 264) , TN 21- (115 to 164) & TN 21- (115 to 164) respectively dated 27.10.2017, consequently directing the 2nd respondent to consider the petitioners bid along with other contractors bids.

For Petitioner : Mr.R.Nalliappan For Respondents : Mr.K.Venkataramani, Additional Advocate General assisted by Mr.A.Kumar Special Government Pleader for R1 & R2

COMMONN ORDER The petitioners in all the three writ petitions are seeking for a direction to the respondents to allow the respective petitioner to participate in the tender works called for by the 2nd respondent in TN 09-(228 to 264) , TN 21- (115 to 164) & TN 21- (115 to 164) respectively dated 27.10.2017 and consequently direct the 2nd respondent to consider their bid along with other contractors bid.

2. The grievance of the petitioner before this Court is that the respondents are preventing these petitioners from participating in the tender process in order to facilitate some influential persons.

3. Mr.K.Venkataramani, learned Additional Advocate General appearing for the respondents, based on instructions, submitted that the apprehension of the petitioners is not having any basis as they are not prevented from participating in the tender. He further submitted that these petitioners have to first apply through e-tender and thereafter, submit their technical tender in person. Thus, he submitted that without exercising the above said process, the petitioners have come forward before this Court and filed the present writ petitions.

4. Considering the above stated facts and circumstances, the apprehension raised by the petitioners as well as the undertaking given by the learned Additional Advocate General, this Court is of the view that the petitioner's apprehension is not well founded as it is for them to approach and make their tender forms in accordance with the procedure. Granting such liberty to the petitioners, these writ petitions are disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The District Collector, Nagapattinam.

2. The Project Director, R.D, District Rural Development Agency, Nagapattinam.

3. The District Collector,

4. The Project Director, R.D, District Rural Development Agency,

5. The Additional Advocate General, High Court, Madras. +3cc to Mr.R.Nalliappan, Advocate in sr.no.75214 to 75216 W.P.Nos.27405 to 25707 of 2017 SSI(CO) NR 25/10/2017