M.R.S.Saraswathi Transport v. Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.NOS.7354 AND 7355 OF 2017 AND W.M.P.NOS.8017 TO 8020 OF 2017 M.R.S.Saraswathi Transport Rep by its Proprietor Mr.P.Murali Krishnan Old No.2, New No.3, Nalianna Mudali Lane, Royapettah, Chennai - 600 014.
...Petitioner
in both W.Ps Vs
1. The Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), 10th Floor, NPKRR Maaligai, 144 Anna Salai, ... Respondents in W.P.No.7354 of 2017
1. The Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), 10th Floor, NPKRR Maaligai, 144 Anna Salai,
North Chennai Thermal Power Station II, TANGEDCO, Chennai -600 120.
North Chennai Thermal Power Station II, TANGEDCO, Chennai -600 120.
... Respondents in W.P.No.7355 of 2017 Prayer in W.P.No.7354 of 2017:
Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, forbearing the respondents not to award tender issued by the fourth respondent in specification No.CE/MTPSII/SE/O/OT.07/2016-17 dated 24.12.2016 before evaluating and finalizing the price of the bid as prescribed under the Tamil Nadu Transparency in Tender Act, 1998 & Tamil Nadu Transparency in Tender Rules 2000 and direct the respondent to invite the petitioner for negotiation of the bid price before awarding tender.
Prayer in W.P.No.7355 of 2017:
Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, forbearing the respondents not to award tender in specification No.SE/0/NCTPS-II/19/2016-2017 dated nil before evaluating and finalizing the price of the bid as prescribed under the Tamil Nadu Transparency in Tender Act, 1998 & Tamil Nadu Transparency in Tender Rules 2000 and direct the respondent to invite the petitioner for negotiation of the bid price before awarding tender.
In both W.Ps For Petitioner : Mr.A.Swaminathan For Respondents : Mr.Abul Kalam Standing Counsel COMMON ORDER These Writ Petitions have been filed, for the issuance of Writ of Mandamus, forbearing the respondents not to award tender in specification No.CE/MTPS-II/SE/O/OT.07/2016-17 dated 24.12.2016 and No.SE/0/NCTPS-II/19/2016-2017 dated nil, before
evaluating and finalizing the price of the bid as prescribed under the Tamil Nadu Transparency in Tender Act, 1998 & Tamil Nadu Transparency in Tender Rules 2000 and direct the respondent to invite the petitioner for negotiation of the bid price before awarding tender.
2.The learned counsel for the petitioner submitted that he has no instructions from his client.
3.The learned Standing Counsel appearing for the respondents by referring the counter affidavit submitted that the petitioner was found unsuccessful as per tender condition. Furthermore, the tender itself was finalized as per the statutory provision and as such the price bid of the petitioner will be returned to the petitioner. Therefore, nothing survives in the Writ Petition.
4.Recording the submission made by the either side counsel, these Writ Petitions are dismissed. No Costs. Connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rst To
1. The Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), 10th Floor, NPKRR Maaligai, 144 Anna Salai,
5. The Chief Engineer, North Chennai Thermal Power Station II, TANGEDCO, Chennai -600 120.
6. The Superintending Engineer/Operation, North Chennai Thermal Power Station II, TANGEDCO, Chennai -600 120.
W.P.Nos.7354 & 7355 of 2017 and W.M.P.Nos.8017 to 8020 of 2017 PL(CO) PM/10/02/2022