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Madras High CourtWP/19819/2022disposed of

D.A.Agilan v. The Chief Secretary

2024-03-04Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.A.Agilan ..

Petitioner Vs.

1. The Chief Secretary Government of Puducherry Chief Secretariat

2. The Principal Secretary Government of Puducherry Finance, Planning and Research Department Chief Secretariat

3. The Secretary (Revenue/R&R) Department of Revenue and Disaster Management (DRDM) Vazhudavoor Road Pettaiyanchathiram Puducherry 605 009.

4. The Chairman

5. The Chief Executive Officer ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records of the third respondent in tender notification in RFP No.01/DRDM/ICCC/2022 dated 20.07.2022 and quash the same as illegal, arbitrary and non est in law and consequently, direct the respondents to re-issue the tender notification for Puducherry Smart City Area complying the conditions of Manual for Procurement of Consultancy & Other Services.

For the Petitioner : Mr.G.Mohammed Aseef For the Respondents : Mr.V.Vasantha Kumar Government Pleader (Puducherry)

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Mohammed Aseef, learned counsel for the petitioner and Mr.V.Vasantha Kumar, learned Government Pleader (Puducherry) for the respondents.

2. The petitioner assails the tender notification and further seeks direction to re-issue tender notification.

3. It is submitted by learned Government Pleader that work order was issued pursuant to the tender notification in October, 2022.

4. Almost one year and four months have lapsed after the work order has been issued. The person to whom the work order is issued is also not a party to the writ petition. No adverse orders can be passed in the writ petition in his absence.

5. In view of the above facts, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.19133 and 19135 of 2022 are closed. (S.V.G., CJ.) (D.B.C., J.) 04.03.2024 Index :

Yes/No :

Yes/No

kpl To

1. The Chief Secretary Government of Puducherry Chief Secretariat

2. The Principal Secretary Government of Puducherry Finance, Planning and Research Department Chief Secretariat

3. The Secretary (Revenue/R&R) Department of Revenue and Disaster Management (DRDM) Vazhudavoor Road Pettaiyanchathiram Puducherry 605 009.

4. The Chairman

5. The Chief Executive Officer

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 04.03.2024