Eastern Organic Fertilizer Private Limtied v. Tambaram City Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.24736, 24739, 24743 & 24822 of 2024 Eastern Organic Fertilizer Private Limited Having its Registered office at 35, Chetla Road, Kolkata - 700 027, West Bengal.

Represented By its Director Sudhir Satnaliwala ...

Petitioner Vs.

1. Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

2. The Commissioner, Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

3. The Assistant Engineer (A.E) Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

4. The Assistant Executive Engineer, (A.E.E), Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

5. The Executive Engineer (E.E), Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

6. The T.P.O., Committee Member, Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

7. The Manager, Committee Member, Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

8. The Tender Inviting Authority Tambaram City Municipal Corporation, Having its office at 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

9. Gorantia Geo Synthetic Private Limited, Having its Registered Office at No.3, 1st Floor, Saraswathi Street, Mahalingapuram, Chennai - 600 034 .

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the tender bearing no.2504/2020/E1 having its tender I.D. No. 2024_MAWS_454564_1 and Tender Ref. No being 755 second respondent to this Court and quash the same as the same is with the biasness and the wrong evaluation as done by the respondent Nos.1 to 8 and thereby quash the said tender process and direct the respondents to issue fresh tender process.

For Petitioner : Mr.S.Karthikeyan For Mr.V.Jai Bharath For Respondents : Mr.P.Srinivas Standing Counsel

ORDER

This writ petition has been filed challenging the tender dated 20.07.2024 issued by the second respondent and to direct the respondents to issue fresh tender process.

2.

Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the petition without prejudice to the petitioner's right to prefer an appeal under Section 11 of the Tamil Nadu

Transparency in Tenders Act, 1998 and liberty to challenge the work order dated 31.07.2024 issued by the second respondent. He also made an endorsement in the Court bundle to that effect. 3.

Considering the submissions and endorsements made by the learned counsel appearing for the petitioner, the Writ Petition stands dismissed as withdrawn with liberty to the petitioner to file an appeal as against the order of evaluation and acceptance of tender order as provided under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs. 07.08.2024 Index : Yes/No Speaking/Non Speaking order rts To

1. Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

2. The Commissioner, Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

3. The Assistant Engineer (A.E) Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

4. The Assistant Executive Engineer, (A.E.E), Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

5. The Executive Engineer (E.E) Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

6. The T.P.O., Committee Member, Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

7. The Manager, Committee Member, Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

8. The Tender Inviting Authority Tambaram City Municipal Corporation, 1, Muthuranga Mudali Street, West Tambaram, Tambaram,

9. Gorantia Geo Synthetic Private Limited No.3, 1st Floor, Saraswathi Street, Mahalingapuram,

Chennai - 600 034 .

G.K.ILANTHIRAIYAN. J, rts W.P.No.22715 of 2024 and W.M.P.Nos.24736, 24739, 24743 & 24822 of 2024 07.08.2024