Deivanai Readymix And Concrete Products v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.24134 of 2021 and W.M.P.Nos.25441 & 25444 of 2021 Deivanai Readymix & Concrete Products, Rep. by its Proprietor, M.R.Athish Jenith No.4/1/82A, Sri Nagar, Raman Nagar Post, Mettur Taluk, Salem District.

... Petitioner Vs.

1.The District Collector, Salem District, Salem.

2.The Assistant Director of Town Panchayats, Salem Zone, Salem - 1.

3.The Proprietor, Southern Solid Waste Management Service, Pottavilai, Koottamavu, Mulagumoodu (Post), Kanyakumari District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, in the nature of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in Tender ROC. No. 4544-1/ 2020/ TPI order dated 11.08.2021 and to quash the same and consequently, directing the 2nd respondent to re-evaluate the Technical and Finance Bid with respect to Tender ROC No. 4544- 1/ 2020/ TP1. *** For Petitioner : No appearance For R1 & R2 : Mr.T.Chandrasekaran, Special Government Pleader

ORDER

The learned counsel for the petitioner is not present. 2.This writ petition has been filed in a nature of Certiorarified Mandamus seeking records relating to a tender in ROC.No.45441/2020/TPI dated 11.08.2021 and to quash the same and direct the 2nd respondent to re-evaluate the technical and finance bid with respect to tender in ROC.No.4544-1/2020/TPI.

3.The petitioner had participated in the aforementioned tender in ROC.No.4544-1/2020/TPI ,which tender was floated for engaging manpower agency to supply 134 Animators to carry out the IEC activities on out sourcing basis under Swachh Bharat Mission in 52 Town Panchayats. The petitioner questions the grant of tender to the 3rd respondent herein. It is contended that the technical bid of the petitioner has been rejected.

4.Under Section 11 of the Tamil Nadu Tender Transparency Act, 1998, an appeal provision is provided. There is also a fixed time within which the appeal should be preferred. The petitioner had not preferred any appeal. The petitioner had straight away come to the Court. The Writ Court cannot substitute itself for the tender inviting agency or the evaluating agency.

5.With the above observations, this Writ Petition stands dismissed. No costs. Consequently, the Writ Miscellaneous Petitions are closed.

25.11.2024 smv Internet :Yes/No

Index :Yes/No NCC :Yes/No C.V.KARTHIKEYAN, J.

smv To 1.The District Collector, Salem District, Salem.

2.The Assistant Director of Town Panchayats, Salem Zone, Salem - 1.

W.P.No. 24134 of 2021 25.11.2024