M/S.Shree Balaji Enterprises v. The Senior Divisional Mechanical Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M/s.Shree Balaji Enterprises Rep. by its Authorized Signatory P.Ramachandran ... Petitioner Vs.

1.The Senior Divisional Mechanical Engineer, Chennai Division, Southern Railway Chennai - 600 003.

2.The Divisional Railway Manager Chennai Division, Southern Railway Chennai - 600 003.

3.M/s.Tharu and Sons ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 herein to consider the representation of the petitioner herein dated 14.05.2024 wherein by it has objected the ranking of third respondent herein as L1 whose quoted total price is completely untenable with adhering to provisions of Payment of Minimum Wages Act and Rules in respect of total minimum manpower involved in the contract which is a requirement of the tender condition and discount his ranking and 1/4

consequently direct the respondents 1 and 2 herein to award the contract to the petitioner herein bearing tender GeM/2023/B/4270364 published by the respondents on 01.12.2023.

For Petitioner : Mr.R.Ravi For Respondents : Mr.Gangadharan for R1 and R2 Central Government Counsel Mr.L.Palanimuthu for R3

O R D E R

The learned counsel appearing for the petitioner submitted that the pursuant to tender Bid bearing no.GEM/2023/B/4270364 dated 01.12.2023, contract was awarded in favour of the third respondent vide proceedings of the first respondent dated 10.06.2024 and challenging the proceedings of the first respondent dated 10.06.2024 the petitioner has filed W.P.No.16226 of 2024 and hence nothing survives for adjudication in this writ petition. 2.In view of the above submission made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. No costs.

05.09.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 2/4

To 1.The Senior Divisional Mechanical Engineer, Chennai Division, Southern Railway Chennai - 600 003.

2.The Divisional Railway Manager Chennai Division, Southern Railway Chennai - 600 003.

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M.DHANDAPANI,J.

pri 05.09.2024 4/4