← Library
Madras High CourtWP/1666/2017closed

S.Uma Shankar, v. State Of Tamilnadu,

2023-04-13Honourable Mr Justice S.M. Subramaniam13 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-04-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP Nos.1666, 31946, 32272 to 32277, 33365 to 33368 and 33937 of And WMP Nos.1641, 1642, 37641, 37642, 35091, 35092 of 2017, 35284 of 2019, 35521 to 35532, 36813 to 36820 of 2017 S.Uma Shankar ... Petitioner in WPs 1666, 32274, 32277/2017 G.Hariharan Gajendran ... Petitioner in WP 32273/2017 B.Suresh Babu ... Petitioner in WPs 32275 and 32276/2017 R.Kanagavel ... Petitioner in WPs 31946, 32272 &33937/2017 M/s.U.S.Electricals Represented by its Proprietor S.Uma Shankar No.19/14, II Cross Street, M.K.B.Nagar, Vysarpadi, Chennai-600 039.

... Petitioner in WP 33365/2017 M/s.Vasanth Electricals Represented by its Proprietor, M.Manikandan,

No.131A, Anna Nagar, Subramaniya Puram, Trichy-20 ... Petitioner in WPs 33366&33368/2017 M/s.Gajendra Electric Company, Represented by its Proprietor, G.Hariharan Gajendran, S/o.V.Gajendran, No.19, Parthasarathy Street, Ayyavoo Naidu Colony, Aminjikarai, Chennai-600 029.

... Petitioner in WP 33367/2017 Vs.

State of Tamilnadu Represented by its Secretary to Government, Higher Education(D1) Department, Fort St. George, Chennai - 600 009.

.. R-1 in WP 1666/2017 The Director of Technical Education, Guindy, Chennai 600 025.

.. R-2 in WP 1666/2017 The Chief Engineer, (Technical Education Circle), Public Works Department, O/o. The Director of Technical Education, Guindy, Chennai 600 025.

.. R-3 in WP 1666/2017 The Government of Tamil Nadu Represented by Secretary to Government, Higher Education Department,

Fort St. George, Secretariat, Chennai 600 009.

.. R-1 in WPs 31946,32272 to 32277,33365 to 33368, 33937/2017 The Government of Tamil Nadu Represented by Principal Secretary to Government, Higher Education Department, Fort St. George, Secretariat, Chennai 600 009.

.. R-2 in WPs 31946,32272 to 32277,33365 to 33368, 33937/2017 The Director.

Directorate of Technical Education, Guindy, Chennai 600 025 .. R-3 in WPs 31946,32272 to 32277,33365 to 33368, 33937/2017 The Chief Engineer, Engineering Chief, Public Works Department, Chepauk, Chennai 600 005.

.. R-4 in WPs 31946,32272 to 32277,33365 to 33368/2017 The Chief Engineer, Technical Education Circle, Directorate of Technical Education, Guindy, Chennai 600 025 .. R-4 in WP 33937/2017, R-5 in WP 31946, 32272 to 32277, 33365 to 33368/2017

WP 1666 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order passed by the 1st respondent herein vide G.O. (2D) No.16 Higher Education (D1) Department dated 03.03.2016 and Quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and consequentially direct the respondents to call for separate and simultaneous estimates and tenders for both electrical and civil works for the buildings under them. WP 31946 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.27 of State Tender Bulletin dated 09.11.2017 in respect of 4 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WP 33937 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent herein relating to G.O.Ms.2D No.76, Higher Education (D1) Department, dated 16.12.2017 and quash the same and direct the respondents to float separate tenders for the Civil Works

and Electrical Works.

WP 32272 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.28 of State Tender Bulletin dated 09.11.2017 in respect of 3 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WP 32273 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.79 of State Tender Bulletin dated 09.11.2017 in respect of 4 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WP 32274 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.24 of State Tender Bulletin dated 09.11.2017 in respect of 4 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th

Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WP 32275 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.25 of State Tender Bulletin dated 09.11.2017 in respect of 3 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WP 32276 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.26 of State Tender Bulletin dated 09.11.2017 in respect of 4 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WP 32277 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.23 of State Tender Bulletin dated 09.11.2017 in respect of 9 Works, issued by the 5th

Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

WPs 33365 and 33366 of 2017 are filed under Article 226 of the Constitution of India praying for the issuance of Writs of Certiorarified Mandamus calling for the records relating to the Tender Notice No.DB/47 CE/TEC/17-18/D.O.4 dated 21.11.2017 in New Indian Express dated 23.11.2017 for 4 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works. WPs 33367 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notice No.DB/47 CE/TEC/1718/D.O.4 dated 21.11.2017 in New Indian Express dated 23.11.

2017 for 2 Works, issued by the 5th Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works. WPs 33368 of 2017 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Tender Notification bearing No.150 of State Tender Bulletin dated 16.11.

Respondent herein and quash the same and consequently direct the 5th Respondent herein to float a separate Tender for the Civil Works and the Electrical Works in the aforesaid works.

For Petitioner in WP 1666/2017 : Mr.K.J.Parthasarathy For Petitioner in WPs 31946,32272 to 32277,33365 to 33368,33937, /2017 : Mr.A.R.Karthik Lakshmanan For Respondents in WPs 1666,31946, 32272to32277,33937/2017 : Mr.T.Arunkumar, Additional Government Pleader.

C O M M O N O R D E R The relief sought for in all these writ petitions is relating to Tender and the learned Additional Government Pleader appearing on behalf of the respondents brought to the notice of this Court that similar batch of writ petitions filed were also closed by this Court. Thus no further adjudication needs to be entertained in respect of the grounds raised in all these writ petitions.

2. Accordingly, all the writ petitions stand closed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also closed.

13-04-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Secretary to Government, State of Tamilnadu, Higher Education(D1) Department, Fort St. George, Chennai - 600 009.

2.The Director of Technical Education, Guindy, Chennai 600 025.

3.The Chief Engineer, (Technical Education Circle), Public Works Department, O/o. The Director of Technical Education, Guindy, Chennai 600 025.

4.The Secretary to Government, Government of Tamil Nadu, Higher Education Department, Fort St. George, Secretariat, Chennai 600 009.

5.The Principal Secretary to Government, Government of Tamil Nadu Higher Education Department, Fort St. George, Secretariat, Chennai 600 009.

6.The Director.

Directorate of Technical Education, Guindy, Chennai 600 025 7.The Chief Engineer, Engineering Chief, Public Works Department, Chepauk, Chennai 600 005.

8.The Chief Engineer, Technical Education Circle, Directorate of Technical Education, Guindy, Chennai 600 025

S.M.SUBRAMANIAM, J.

Svn WPs 1666, 31946, 32272 to 32277, 33365 to 33368 and 33937 of 2017

13-04-2023