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Madras High CourtWP/5216/2016withdrawn dismissed

S.Sathiyaraj v. The Project Director,

2016-04-28Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.5216 and 5332 of 2016 S.Sathiyaraj S/o.Annamalai No.2/584 Kalathumettu Street Siruvallur and Post Kalasapakkam Taluk Thiruvannamalai District.

...Petitioner in

both the petitions Vs.

1 The Project Director Thiruvannamalai District.

2 Thiru.Srinivasan Executive Engineer District Rural Development Agency Thiruvannamalai District. 3 Tmt.E.Elavarasi W/o.Elumalai Kuberan Nagar Main Road Vengikkal Thiruvannamalai District.

4 The State of Tamil Nadu Rep by its Secretary to Government Rural Development & Panchayat Raj Department Secretariat Fort.St.George Chennai 600 009 5 The Director of Rural Development Panagal Building Saidapet Chennai 600 015 6 The District Collector Thiruvannamalai District Thiruvannamalai R-4 to R-6 are impleaded as per Order Dated:16/02/2016 by R.P.S. J in WMP.No.5047/2016 in WP.No.5216/2016.

... Respondents in WP.5216/2016 ..

1 The State of Tamilnadu rep. by its Secretary to Government Rural Development & Panchayat Raj Department Secretariat Fort St. George Chennai-9 2 The Director of Rural Development Panagal Building Saidapet Chennai-15 3 The District Collector Thiruvannamalai District Thiruvannamalai 4 The Project Director Thiruvannamalai & District 5 Thiru.Srinivasan Executive Engineer District Rural Development Agency Thiruvannamalai & District 6 M.Janarthanan S/o.Manoharan Reddy Street Kuppam Village & Post Annamangalam Via Polur Taluk Thiruvannamalai District ... Respondents in WP.5332/2016 Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus to call for the records relating to the impugned Communication issued by the 1st & 4th respondent in No.Nil dated 4.2.

2016 and to quash the same and consequently directing the 1st & 4th respondent to award the Tender in favour of the petitioner in respect of the work notified in RIDF NABARD-XXI Package No.5 Pudupalayam Block and Package No.2, Polur Block relates to strengthening the road Mashar to Viswanathapuram by accepting the rate quoted by the petitioner.

For Petitioner :

Mr. G. Sankaran For Respondents :

Mr. Gomathi Nayagam, AAG assisted by Mr. P. Sanjay Gandhi, AGP for RR1 to 5 (for RR1,2,4to 6 in WP 5216/2016) Mr. R. Sathish Kumar for R6 (for R3 in WP 5216/2016)

ORDER

The learned counsel for the petitioner has made an endorsement to the following effect:

"WP 5216/2016 and WP 5332/2016 I may be permitted to withdraw the writ petition with liberty to file an appeal before Govt. under Sec.11 of the Act seeking redressal."

2.

In view of the said endorsement, the writ petitions are dismissed as withdrawn. However, the petitioner is at liberty to file appeal under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998, if he is so advised. No costs. The connected miscellaneous petitions (W.M.P.Nos.9148, 9650 and 9651 of 2016 are closed).

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar glp To 1 The Secretarty to Government State of Tamilnadu Rural Development & Panchayat Raj Department Secretariat Fort St. George Chennai-9 2 The Director of Rural Development Panagal Building Saidapet Chennai-15 3 The District Collector Thiruvannamalai District Thiruvannamalai 4 The Project Director Thiruvannamalai & District 1 cc to Mr.R. Satish Kumar, Advocate, Sr. 27437 Writ Petition Nos.5216 and 5332 of 2016 KS (CO) kk 17/5