R.Ramesh v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.35394 of 2019 and W.M.P.No.36224 of 2019 R.Ramesh .. Petitioner ..Vs..

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Public Works (G2) Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Engineer-in -Chief (Buildings) & Chief Engineer (Buildings) Public Works Department, Chennai Region, Chennai-600 005.

3.The Engineer-in-Chief, Water Resources Department and, Chief Engineer (General) Public Works Department, Chennai-600 005.

4.The special Chief Engineer, Public Works Department, Buildings (Construction & Maintenance) Circle, Vellore-632 001.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue Work order as per the Package Tender Notice called for vide Tender Notification No.4/VLR-CLE/2019-2020/ dated 28.08.2019 to the petitioner as per the conditions stipulated therein.

For Petitioner : Mr.T.Sellapandian For Respondents: Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents to issue Work order as per the Package Tender Notice called for vide Tender Notification No.4/VLR-CLE/2019-2020/ dated 28.08.2019.

3.The learned counsel for the petitioner submitted that the fourth respondent has issued a Tender Notification No. 4/VLRCLE/2019-2020/ dated 28.08.2019 inviting tender for multiple Works listed thereon as a Combined Package Tender. The tender cover should be opened on 24.09.2019 at 3.30 p.m. The petitioner had participated in the tender and had submitted his bidd and the same was opened on 26.09.2019 at 4.p.m. The petitioner claims to be the lowest bidder and the contract was awarded to the petitioner. He further submitted that the petitioner had invested heavily on the procurement of machineries and increased man power to complete the works on time. However, the work order had not been issued by the fourth respondent.

4. Heard both sides and perused the materials available on record.

5.Considering the facts and circumstances of this case, this court issues direction to the fourth respondent, to, after considering all relevant aspects and after obtaining appropriate approval from the second and third respondent, issue work order to the petitioner on or before 31.01.2020.

6.With the above observations, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar tta

To 1.Principal Secretary to Government, Government of TamilNadu, Public Works (G2) Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Engineer-in -Chief (Buildings) & Chief Engineer (Buildings) Public Works Department, Chennai Region, Chennai-600 005.

3.The Engineer-in-Chief, Water Resources Department and, Chief Engineer (General) Public Works Department, Chennai-600 005.

4.The special Chief Engineer, Public Works Department, Buildings (Construction & Maintenance) Circle, Vellore-632 001.

+1cc to Mr.T.Sellpandian, Advocate, SR.No.1286. +1cc to Government Pleader, SR.No.1546.

W.P.No.35394 of 2019 SR(CO) CSR: 30.01.2020