M/S.Dsr Sons India Engineers Private Limited v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P.

No.21160 of 2023 and W.M.P.Nos.20559 and 20560 of 2023 M/s. DSR Sons India Engineers Private Limited, No.49, 1st Floor, HIG, NH-1, Vallal MGR Street, Maraimalai Nagar, Chengalpattu District, Rep. by its Managing Director, D.S.Ravee Kumar ... Petitioner Vs.

1.The Commissioner, Tambaram City Municipal Corporation, Tambaram, Chennai - 600 045.

2.The National Informatics Centre, Tamil Nadu State Centre, Rajaji Bhavan Complex, 3rd Avenue, Thiruvalluvar Nagar, Besant Nagar, Chennai - 600 090.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to 1/4

tender summary reports of the petitioner in respect of Sl.Nos.4 to 8 of E.Tender Inviting Notice in Roc.No.595/2023/E1 dated 14.06.2023 (Main Office) on the file of the 1st respondent quash the same and direct the 1st respondent to evaluate the pre-qualification bid of the petitioner afresh as per Government Order in G.O.Ms.No.94, dated 30.03.2023 Finance (Salaries) Department and Check List provided by the 1st respondent.

For Petitioner : Mr.S.Doraiswamy For R1 : Mr.P.Srinivas Standing Counsel for Tambaram Corporation For R2 : Mr.M.Sathyan (ACGSC)

O R D E R

The writ petition is filed to quash the E-Tender Notice issued by the 1st respondent dated 14.06.2023 and for a direction to the 1st respondent to evaluate the pre-qualification bid of the petitioner afresh and pass necessary orders.

2. It is the case of the petitioner that the petitioner uploaded the scanned copy of the Demand Draft towards EMD amount on the online portal and sent the original hard copies to the 1st respondent through courier on 30.06.2023 and the same was received by them on that day itself.

3. Mr.P.Srinivas, learned Standing Counsel for the 1st respondent, on 2/4

instructions, submits that the hard copies sent by the petitioner was received by the 1st respondent only on 03.07.2023, after expiry of the time fixed for submission of hard copy. The learned Standing Counsel also submits that from 01.07.2023 onwards the payment of EMD amount has to be made only through online portal. Therefore, the 1st respondent has decided to go for retender in respect of the Package Nos.4 to 8 in E-Tender Notice.

4. By recording the statement made by the learned Standing Counsel appearing for the 1st respondent, the writ petition is disposed of. It is needless to say that if any re-tender notice is issued by the 1st respondent in respect of the above said packages, it is open to the petitioner to participate in the tender. No costs. Consequently, the connected miscellaneous petitions are closed. 09.08.2023 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The Commissioner, Tambaram City Municipal Corporation, Tambaram, Chennai - 600 045.

2.The National Informatics Centre, Tamil Nadu State Centre, Rajaji Bhavan Complex, 3rd Avenue, Thiruvalluvar Nagar, Besant Nagar, Chennai - 600 090.

09.08.2023 4/4