S.Vengatachalapathi v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13783 of 2013 and M.P.No.1 of 2013 S.Vengatachalapathi, Proprietor, Johnson Sports Wear An ISO 9001 : 2008 Certified Company, 23B, Byepass Road, Near Balai Petrol Bunk, Dharmapuri-636 701.

.. Petitioner Vs.

1.The Government of Tamil Nadu, rep by the Secretary to the Government, Adi Dravida Tribal Welfare Department, Fort St. George, Chennai-600 001.

2.The District Adi Dravida and Tribal Welfare Officer, Dharmapuri, Dharmapuri District.

3.The District Collector, The Office of the District Collector, Dharmapuri, Dharmapuri District.

.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents to issue the supply order to the petitioner, as successful lowest bidder of the tender published, in advertisement, dated 5.2.2003, in the Daily Thanthi newspaper, by the second respondent.

For Petitioner : Ms.S.Meenakshi For Respondents : Mr.K.Rajendra Prasad, AGP

ORDER

Heard.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents to issue the supply order to the petitioner, as he was the lowest bidder, relating to the tender called for, by way of an advertisement, dated 5.2.2003, and to pass appropriate orders thereon.

At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to refund the Earnest Money Deposit of Rs.22,800/-, made by the petitioner at the time of his participation in the tender process. He had further submitted that the second respondent had sent a Demand Draft for a sum of Rs.22,800/-, drawn on Indian Bank, Dharmapuri. However, due to the pendency of the writ petition, the petitioner had not encashed the same. The learned counsel appearing on behalf of the respondents had submitted that a Demand Draft, for a sum of Rs.22,800/-, paid by the petitioner, as Earnest Money Deposit, at the time of his participation in the tender process, would be sent to him, within a period of eight weeks from the date of receipt of a copy of this order.

In view of the submissions made by the learned counsel appearing on behalf of the respondents, the second respondent is directed to send to the petitioner, a demand draft for a sum of Rs.22,800/-, due to him, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of, with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

vvk To 1.The Secretary to the Government, The Government of Tamil Nadu, Adi Dravida Tribal Welfare Department, Fort St. George, Chennai-600 001.

2.The District Adi Dravida and Tribal Welfare Officer, Dharmapuri, Dharmapuri District.

3.The District Collector, The Office of the District Collector, Dharmapuri, Dharmapuri District.

+1cc to the Government Pleader Sr.55035 +1cc to Mr.A.Suresh Sakthi Murugan, Advocate Sr.54573. W.P.No.13783 of 2013 sai[co] srg 25/10/2016