M/S.Arunai Constructions v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 32519, 32522, 32524, 32604, 32610, 32613 & 32615 of and W.M.P. Nos. 32860, 32861, 32866, 32868, 32871, 32872, 32985, 32986, 32989, 32990, 32991, 32994, 32998 & 32999 of 2019 W.P. No. 32519 of 2019 M/s. APU Constructions, Rep. By its Managing Partner, N. Saroja, No. 1167 E, Parvathi Rice Mill, Thendral Nagar, Vengaikkal, Thiruvannamalai District.

... Petitioner (in WP.Nos.32519,32522,32524 of 2019) M/s.Arunai Constructions, Rep.by its Managing Partner, D.Venkatesan, No.136/52, Mathalangula Street, Thiruvannamalai District.

..Petitioner (in WP.Nos.32604,32610,32613 & 32615 of 2019) -vs1. The Superintending Engineer, (Highways), Nabard and Railway Roads Circle, Chengalpet.

2. The Divisional Engineer (H), Quality Control, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai 600 025.

... Respondents (in All WPs.) Common Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the First Respondent from opening the tender documents in respect of tender notice Nos.09/2019-2020/SDO dated 17.10.2019, 10/2019-2020/SDO dated 18.10.2019, 13/2019-2020/SDO dated 22.10.2019, 09/2019-2020/SDO dated 17.10.2019, 1/3

10/2019-2020/SDO dated 18.10.2019, 11/2019-2020/SDO, dated 21/10/2019 and 13/2019-2020/SDO dated 22.10.2019, of the First Respondent herein in respect of the works under the said tender notice without issuing the quality certificate to the Petitioner and receiving the bids of the Petitioner.

For Petitioner (in All WPs.) :

Mrs. A.L. Ganthimathi For Respondents (in All WPs.) :

Mr. R. Venkatesh, Government Advocate COMMON ORDER These Writ Petitions have been filed for a direction to forbear the First Respondent from opening the tender documents in respect of tender notice Nos. 09/2019-2020/SDO, 10/20192020/SDO, 10/2019-2020/SDO, 13/2019-2020/SDO, 9/2019-2020/SDO, 10/2019-2020/SDO, 11/2019-2020/SDO and 13/2019-2020/SDO, respectively dated 17.10.2019 in respect of the works under the said tender notice without issuing the quality certificate to the Petitioner in all the Writ Petitions and receiving the bids of them.

2.

Learned Government Advocate appearing for the Respondents submitted that quality certificates dated 20.11.2019 have been issued by the Respondents to the Petitioners and produced a copy of the same. Learned Counsel for the Petitioner in all the Writ Petitions has made an endorsement acknowledging its receipt. Nothing remains for further consideration in the matter.

3.

Recording the aforesaid subsequent events, all the Writ Petitions are disposed. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3

To

1. The Superintending Engineer, (Highways), Nabard and Railway Roads Circle, Chengalpet.

2. The Divisional Engineer (H), Quality Control, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai 600 025.

+1 cc to M/s.AL.Ganthimathi,Advocate Sr.No. 98183 +1 cc to The Government Pleader Sr.No.98079 AKM/28.11.19/3P-5C / W.P. Nos. 32519, 32522, 32524, 32604, 32610, 32613 & 32615 of 2019 3/3