P.Saleem v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.18795 of 2020 and WMP Nos.23360 & 23362 of 2020 P.Saleem S/o.P.Hamsa Goernment Contractor Chungam, Cherampadi The Nilgiris-643205.
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Petitioner -Vs1. The Commissioner of Municipal Administration Ezhilagam Chepauk, Chennai-600 005.
2.The Regional Director Head Of Municipal Administration Kumaran Shopping Complex Near Tiruppur Railway Station Kumaran Road, Tiruppur 641601.
3. The Commissioner Nelliyalam Municipality Pandalur, Nilgiri.
4. Sivabakkiyam Overseer , Nelliyalam Municipality Pandhalur, Nilgiris District.
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5. Kasilangam Civil Contractor S/o.Elamanna Kolapally (PO) Pandalur Taluk, The Nilgiris.
6. Nasrudeen Civil Contractor Pandalur at & post Near Veterinary Hospital Pandalur Taluk The Nilgiris 643 233.
7 . The Director of Vigilance and Anti-Corruption, No.293, M.K.N.Salai Collector Nagar, Anadur Chennai 600 016.
.. Respondents (R7 suo motu impleadd vide order dt.27.01.2021 made in WP.No.18795 of 2020 by BPJ) Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent relating to the impugned Tender Notice dated 02/11/2020 bearing No.2018/2020/C1 quash the said Tender Notice dated 02/11/2020 and consequentially directing the 3rd respondent to issue a fresh tender notice for the works stated in the said notice in compliance with the norms to be followed in such cases.
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For Petitioner :
Mr.P.Anbarasan For Respondents :
Mr.C.Selvaraj Additional Government Pleader for R1 & R2 Mr.K.Tippusultan for R3 Mr.R.Vinoth Raja Government Advocate (Crl.Side) for R7
ORDER
The writ petition has been filed in the nature of a Certiorarified Mandamus, seeking records relating to a tender Notice dated 02.11.2024 and to quash the said notice. The petitioner also seeks that the 3rd respondent - the Commissioner, Nelliyalam Municipality in Nilgiris, to issue a fresh notification. The notification was with respect to laying inscription stone and construction of sidewalk in Devala Pokkari Colony. The value was fixed at Rs.9.50 lakhs and Rs.9.00 lakhs respectively.
2.It is contended that subsequently the tender had been awarded to the successful bidder and the work has been completed. However, a learned Single Judge of this Court had directed the petitioner to implead the Directorate of 3 / 6
Vigilance and Anti Corruption at Chennai. The said Directorate had been impleaded as the 7th respondent. A report had been filed by the Deputy Superintendent of Police, Head Quarters, Directorate of Vigilance and AntiCorruption, Chennai-16, wherein he had stated as follows: "7.It is respectfully submitted that the petition of Tr.P.Saleem, S/o.P.Hamsa, Government Contractor, Chungam, Cherampadi, the Nilgiris-643205 was received by this Directorate on 24.11.2020. On perusal, it is deemed fit that the Commissioner of Municipal Administration, M.R.C Nagar, Chennai can apprise the veracity of the petition for proper action. Hence, the above said petition was forwarded to the concerned authority for taking necessary action at their end. The above said forwarding was effected as per the instruction issued in Govt. memo No.
1356/64/2, Public (Services-B) dated:08.04.1964 and incorporation in Para 10(3) of the Manual of the DVAC". 3.It is thus seen that the 1st respondent is actively considering the petition given by the petitioner. I am confident that necessary steps would be taken to dispose of the petition in the manner known to law. No further orders are required.
4. The purpose of the writ petition is only in respect of the tender notification and an examination of that issue has now become infructuous. However, the 1st respondent may continue to examine the representation of the 4 / 6
writ petitioner.
4.The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
26.11.2024 Index : Yes/No NCS : Yes/No KP To
1. The Commissioner of Municipal Administration Ezhilagam Chepauk, Chennai-600 005.
2.The Regional Director Head Of Municipal Administration Kumaran Shopping Complex Near Tiruppur Railway Station Kumaran Road, Tiruppur 641601.
3. The Commissioner Nelliyalam Municipality Pandalur, Nilgiri.
4. Sivabakkiyam Overseer , Nelliyalam Municipality Pandhalur, Nilgiris District.
5 . The Director of Vigilance and Anti-Corruption, No.293, M.K.N.Salai Collector Nagar, Anadur Chennai 600 016.
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C.V.KARTHIKEYAN.,J KP Writ Petition No.18795 of 2020 26.11.2024 6 / 6