S.Nagarajan v. The Joint Commissioner

W.P.No.17113 of 2019 C.V.KARTHIKEYAN, J.

Today, the matter is listed under the caption "for being mentioned".

2. In continuation of the earlier order of this Court dated 08.11.2024, passed in W.P.No.17113 of 2019, paragraph Nos.2 & 3 of the order may be substituted as follows:

"2.With respect to similar relief, it is informed that a suit in O.S.No.613 of 2017 was filed before the Principal District Munsif at Salem and the same had been dismissed by judgment dated 11.07.2020. The writ petition had been filed in the year 2019 and a careful perusal of the affidavit filed in support of the writ petition does not reveal disclosure about the civil suit filed practically for the same relief namely, to seek interference with the tender notification dated 20.05.2019 even though, the said date was not specifically in the relief sought in the suit. 3.Non-disclosure of a material fact, works to the disadvantage of the writ petitioner. It is additionally informed that the tender had actually been given to one Ratnakumar, who has not been impleaded as a party to the 1/3

writ petition. A third party stranger had been impleaded as a C.V.KARTHIKEYAN, J.

smv 5th respondent. The period of the tender which was between 01.07.2019 and 30.06.2020 had also expired. The relief sought in the writ petition is infructuous, quite apart from that there is a suppression of fact."

3. All other observations made in the earlier order dated 08.11.2024, shall remain intact.

4. Registry is directed to issue fresh order copy after carrying out necessary corrections.

05.12.2024 smv 2/3

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