Madras High CourtWMP/21168/2019ordered

A.Vanitha v. State Of Tamil Nadu,

2019-07-26Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Twenty Sixth day of July Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU WMP.Nos.21168, 21189, 21183, 21171 and 21177 of 2019 in WP.Nos.21945, 21947, 21951, 21954 and 21958 of 2019 A.VANITHA ... PETITIONER in WMP No.21168 of 2019 CLASS IV CONTRACTOR G.RAJAN ... PETITIONER in WMP No.21189 of 2019 CLASS III CONTRACTOR A.IYYANNAN ... PETITIONER in WMP No.21183 of 2019 CLASS IV CONTRACTOR G.RAJAN ... PETITIONER in WMP No.21171 of 2019 CLASS III CONTRACTOR R.SRINIVASAN ... PETITIONER in WMP No.21177 of 2019 CLASS IV CONTRACTOR Vs 1 STATE OF TAMIL NADU, ... RESPONDENTS IN ALL THE REP. BY ITS SECRETARY TO GOVERNMENT, PETITIONS TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600009 2 THE MANAGING DIRECTOR, CHEPAUK, CHENNAI - 600005 3 THE ENGINEERING DIRECTOR, CHEPAUK, CHENNAI - 600005 4 THE CHIEF ENGINEER, CHEPAUK, CHENNAI - 600005 5 THE SUPERINTENDING ENGINEER (I/ C),, TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, SALEM - NAMAKKAL CIRCLE, SALEM

6 THE EXECUTIVE ENGINEER, MAINTENANCE DIVISION, SALEM 7 THE EXECUTIVE ENGINEER, MAINTENANCE DIVISION, NAMAKKAL 8 THE CHIEF ENGINEER, NO. 30, BHARATHI PARK ROAD, SIRUVANI NAGAR, COIMBATORE - 43 9 THE CHIEF ENGINEER, NO. 37, 1ST FLOOR, ESWARI NAGAR, MEDICAL COLLEGE ROAD, THANJAVUR - 613004 10 THE PROJECT CHIEF ENGINEER, NO. 109, -B, PRABHA TOWERS, BHARATHIPURAM, DHARMAPURI - 636705 11 THE CHIEF ENGINEER, NO. 8, FIRST EAST MAIN ROAD, GANDHI NAGAR, VELLORE - 632006 12 THE CHIEF ENGINEER, GANESH NAGAR, MELLUR ROAD, OPP MATTUTHAVANI BUS STAND, MADURAI - 625007 Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to 1 WMP No.21168 of 2019 To grant an Interim Stay of the impugned Tender Notice IFB No. 02/F.OS-O and M/DOI/SNC/2019 dated 15.07.

2019 passed by the 5th respondent, 2 WMP No.21189 of 2019 To grant an Interim Stay of the impugned Tender Notice IFB No. 06/F.OS-O and M/DOI/SNC/2019 dated 15.07.2019 passed by the 5th respondent, 3 WMP No.21183 of 2019 To grant an Interim Stay of the impugned Tender Notice IFB No. 05/F.OS-O and M/DOI/SNC/2019 dated 15.07.

4 WMP No.21171 of 2019 To grant an Interim Stay of the impugned Tender Notice IFB No. 03/F.OS-O and M/DOI/SNC/2019 dated 15.07.2019 passed by the 5th respondent, 5 WMP No.21177 of 2019 To grant an Interim Stay of the impugned Tender Notice IFB No. 04/F.OS-O and M/DOI/SNC/2019 dated 15.07.2019 passed by the 5th respondent, Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.M.ESAKKIAPPAN, Advocate for the petitioner each the petitions and of MRS.S.THAMIZHARASI, Standing Counsel for the Respondents in all the petitions the court made the following order:- Heard Mr.A.M.Esakkiappan, Learned Counsel for the Petitioner and Mrs.S.Thamizharasi, Learned Standing Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.Mr.N.Kumar, Superintending Engineer (i/c), Tamil Nadu Water Supply and Drainage Board, Salem - Namakkal Circle, Salem - 636 007, is present in Court today and states that the tender system of issuing in packages has been in vogue even during the previous year and there has been no change in the system.

3. Having regard to the complaints of the Petitioner in the Writ Petition, the award of the impugned tender shall be subject to the result of the Writ Petition, which shall be specifically mentioned in the order awarding the contract to the successful bidder.

4.Accordingly, these Miscellaneous Petitions are disposed on the aforesaid terms.

-sd/- 26/07/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600009

2 THE MANAGING DIRECTOR, CHEPAUK, CHENNAI - 600005 3 THE ENGINEERING DIRECTOR, CHEPAUK, CHENNAI - 600005 4 THE CHIEF ENGINEER, CHEPAUK, CHENNAI - 600005 5 THE SUPERINTENDING ENGINEER (I/ C),, TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, SALEM - NAMAKKAL CIRCLE, SALEM 6 THE EXECUTIVE ENGINEER, MAINTENANCE DIVISION, SALEM 7 THE EXECUTIVE ENGINEER, MAINTENANCE DIVISION, NAMAKKAL 8 THE CHIEF ENGINEER, NO. 30, BHARATHI PARK ROAD, SIRUVANI NAGAR, COIMBATORE - 43 9 THE CHIEF ENGINEER, NO. 37, 1ST FLOOR, ESWARI NAGAR, MEDICAL COLLEGE ROAD, THANJAVUR - 613004 10 THE PROJECT CHIEF ENGINEER, NO. 109, -B, PRABHA TOWERS, BHARATHIPURAM, DHARMAPURI - 636705 11 THE CHIEF ENGINEER, NO. 8, FIRST EAST MAIN ROAD, GANDHI NAGAR, VELLORE - 632006

12 THE CHIEF ENGINEER, GANESH NAGAR, MELLUR ROAD, OPP MATTUTHAVANI BUS STAND, MADURAI - 625007 C.C. to M/S.A.M.ESAKKIAPPAN Advocate on payment of necessary charges C.C. to MRS.S.THAMIZHARASI, Standing Counsel on payment of necessary charges Order in WMP.Nos.21168, 21189, 21183, 21171 and 21177 of 2019 in WP.Nos.21945, 21947, 21951, 21954 and 21958 of 2019 Date :26/07/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(05/08/2019) (IT)