Renaatus Project Pvt. Ltd., v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.25143 & 25144 of 2024 Renaatus Projects Pvt. Ltd., Rep. by its Authorised Signatory S.Elangovan, No.139/2, Second Floor, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
... Petitioner Vs.
1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.
2. The Superintending Engineer, Storm Water Drain Department, No.115, E.V.R. Periyar Salai, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.
3. Annai Infra Developers Ltd., Door No.2/9, A.N.Towers, Dr.Sathiyamoorthy Hospital Opp. Road, 2/5, Perundurai Road, Erode - 638 011.
... 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 impugned order passed by the first and second respondents herein confirming the tender for construction of Integrated Storm Water Drain Works in M1 & M2 Components in Kovalam Basin in expanded areas in Greater Chennai Corporation package 18 zone 15 in favour of Annai Infra Developers Limited dated 31.07.2024 and quash the same and consequently declare the petitioner company as the successful bidder.
For Petitioner : Mr.G.Karthikeyan, Senior Counsel For Ms.A.Jagadeeswari For Respondents For R1 & R2 : Mr.J.Ravindran Additional Advocate General Assisted by Mr.E.C.Ramesh Standing Counsel
ORDER
This writ petition has been filed challenging impugned order dated 31.07.2024, passed by the first and second respondents herein, thereby declared the petitioner as unsuccessful bidder for construction of Integrated Storm Water Drain Works in M1 & M2 Components in Kovalam Basin in expanded areas in Greater Chennai Corporation package 18 zone 15.
2.
Heard the learned counsel appearing on either side and perused the material placed before this Court.
3.
It is seen that as against the order passed under Section 10 of the Tamil Nadu Transparency in Tenders Act, 1998 (hereinafter referred to as "the Act") an appeal remedy is very much available under Section 11 of the Act. When there is an appeal remedy is available, this Court cannot entertain this petition under Article 227 of the Constitution of India. Therefore, the petitioner is directed to file an appeal under Section 11 of the Act, before the appellate authority, within a period of one week from today.
4.
Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.
08.08.2024 Index : Yes/No Speaking/Non Speaking order Note:- Registry is directed to return the impugned order and issue order copy today i.e., on 08.08.2024 rts
G.K.ILANTHIRAIYAN. J, rts To
1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.
2. The Superintending Engineer, Storm Water Drain Department, No.115, E.V.R. Periyar Salai, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.
and W.M.P.Nos.25143 & 25144 of 2024 08.08.2024