Chennai Pushpa Vyabarigal & v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Chennai Pushpa Vyabarigal and Commission Agentugal Sangam, Rep. by its President Mr.Uthappan, FA-11, Kamarajar Malar Angadi, Koyambedu, Chennai - 600 092 having office at No:18/2, Gangaiamman Koil Street, T.Nagar, Chennai - 600 017.

... Petitioner Vs 1.The Member Secretary, 2.Mr.Baskaran, Chief Administrative Officer, Market Management Committee, Koyambedu wholesale market complex, Chennai - 600 092.

3.Mr.Srinivasa Rao, Superintending Engineer (Circle-1 Construction Wing),

4.Munir Babu, Assistant Executive Engineer (Division-II, Construction Wing), 5.D.Gnanamoorthy, Assistant Engineer, (Divission-II, Construction Wing), 6.Oom.Narayanan, Superintending Engineer (Circle-I), Construction Wing, Retired, 1, Gandhi Irwin Road, Chennai - 600 008.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the first respondent to initiate action through enquiry against the respondents 2 to 6 who have committed grave irregularity in carrying out the works relating Re-Tender Notice No:3/2013-2014 and agreement No:CR4/2013-2014 dated 21.01.2014 and to file report of the said enquiry against the concerned respondents and submit such report before this Hon'ble Court within a time frame as directed by this Hon'ble Court.

For Petitioner : No appearance For Respondents : Ms.S.A.Mahisha Kirthika for Mr.C.N.Vinobha Standing Counsel - R1 No appearance - R2 to R5 Left - R6

O R D E R

There is no representation for the petitioner. 2.This writ petition is filed by the Chennai Pushpa Vyabarigal and Commission Agentugal Sangam seeking mandamus directing R1/the Member Secretary, Chennai Metropolitan Development Authority to initiate action against R2 to R6 who are named officials of the Market Management Committee, Koyambedu Wholesale Market Complex and the Chennai Metropolitan Development Authority.

3.The basis of the prayer is that R2 to R6 have committed several irregularities in the works relating to Re-Tender Notice bearing No:3/20132014 and agreement No:CR4/2013-2014 dated 21.01.2014. 4.A voluminous compilation of documents has been filed on 08.02.2016 which contains three measurement books and responses received from the authorities on the applications filed by members of the petitioner Sangam under the Right to Information Act, 2005. Since a consideration of the prayer sought for by the petitioner would entail detailed verification of facts, it is appropriate that the issues that have been put forth by the petitioner be likewise placed before the first respondent for his consideration.

5.Thus, while dismissing this writ petition as mandamus as sought for cannot be issued, the petitioner or its members are granted liberty to make representation before R1 seeking appropriate relief. 6.This writ petition is dismissed. No costs.

kbs 23.01.2023 Index : Yes / No Speaking Order/Non-Speaking Order To 1.The Member Secretary, 2.Mr.Baskaran, Chief Administrative Officer, Market Management Committee, Koyambedu wholesale market complex, Chennai - 600 092.

3.Mr.Srinivasa Rao, Superintending Engineer (Circle-1 Construction Wing), 4.Munir Babu, Assistant Executive Engineer (Division-II, Construction Wing),

5.D.Gnanamoorthy, Assistant Engineer, (Divission-II, Construction Wing), 6.Oom.Narayanan, Superintending Engineer (Circle-I), Construction Wing, Retired, 1, Gandhi Irwin Road, Chennai - 600 008.

Dr.ANITA SUMANTH, J.

kbs 23.01.2023