M/S. Siritel Systems Private Limited v. The Garrison Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.26702 of 2021 M/s. Siritel Systems Private Limited Rep. by its Director Mr. S.V. Shanti Sagar office At. 4-1-70/1 Road No.11 Snehapuri Nacharam, Hyderabad 500 076.

...Petitioner

Vs.

The Garrison Engineer, Military Engineers Service, Fort St. george, Chennai 01. ...Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the Respondent to consider the petitioner's representation dated 20.09.2021 seeking permission to participate in all future bids in respect of tenders which may be floated by the respondent.

For Petitioner : Mr.L.K.Sudhirgha Rasu

O R D E R

This Writ Petition has been filed seeking a direction to the the Respondent to consider the petitioner's representation dated 20.09.2021 seeking permission to participate in all future bids in respect of tenders which may be floated by the respondent.

2. The case of the petitioner is that the petitioner is a private company and dealing with engineering works entrusted to it by the respondent through public tenders. It is further submitted that the petitioner awarded with tender and the same was rejected by the respondent in Tender ID No.2021 MES 446549 1, Tender ID No.2021 MES 446725 1 and Tender ID No.2021 MES 447088 1 respectively vide order dated 15.07.2021. Therefore, the petitioner had made a representation to the respondent dated 20.09.2021 seeking permission to participate in future tenders which may be floated by the respondent. The same was not https://hcservices.ecourts.gov.in/hcservices/

considered so far by the respondent. Hence, the petitioner filed the present writ petition before this Court.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to consider the representation of the petitioner dated 20.09.2021 within the time stipulated by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. The petitioner participated the tender process which was floated by the respondent. The petitioner was rewarded with the tender and subsequently, the same was rejected by the respondent on technical basis. Without challenging the rejection order passed by the respondent, the petitioner has filed the present writ petition seeking direction to permit the petitioner to participate in the forthcoming tenders. This Court is not inclined to issue such direction to the respondent.

6. Considering the facts and circumstances of the case and the relief sought for by the petitioner is not maintainable and the same is rejected.

7. In the result, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rli To The Garrison Engineer, Military Engineers Service, Fort St. george, Chennai 01.

W.P.No.26702 of 2021 GSM(CO) RGA(12/01/2022) https://hcservices.ecourts.gov.in/hcservices/