M/S.Kongu Construction And Contractors v. The Government Of Tamilnadu

D.BHARATHA CHAKRAVARTHY,J.

This matter is listed today before this Court under the caption "for Being Mentioned".

2. It is seen that in the cause-title of the order dated 01.04.2025 it has been wrongly mentioned as "WMP.No.43050 of 2025"

instead of "WMP.No.43050 of 2024".

3. The Registry is directed to carryout the necessary amendment and issue a fresh order copy.

03.06.2025 dna 1/8

D.BHARATHA CHAKRAVARTHY, J., Dna 03.06.2025 2/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.04.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.43050 of 2025 M/s. KONGU CONSTRUCTION & CONTRACTORS Rep by Managing Partner, Mr.N.K.Devanandan, No.39, 3rd Kovalan Street, Teachers Colony, Erode- 638 011 ... Petitioner /versus/

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Chairman, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai (Near Vivekananda Mandapam), Chennai 600 005.

3. The Superintending Engineer, Tamil Nadu Urban Habitat Development Board, North Circle-II (A/c), New No.56, Old No.140 Santhome High Road, Chennai- 600 004.

4. The Executive Engineer, 3/8

Division-II, Tamil Nadu Urban Habitat Development Board, Chennai- 600 039.

5. The Assistant Executive Engineer, Sub Division-I, Division-II, Tamil Nadu Urban Habitat Development Board, Chennai- 600 010.

6. The Assistant Engineer, Sub Division-I, Division-II, Tamil Nadu Urban Habitat Development Board, Chennai-600 010.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for entire records pertaining to the impugned Tender Notice vide Tender Reference No.TNUHDB/ 3090/D1/SE/(NC-II)/2020 dated 06.12.2024 for the Reconstruction of balance works in 288 tenements adopting type design 14 A (R)/2020, 14C/2020 (Ground Plus 5 Storeys) including internal water supply, sanitary and electrification arrangements with development works at M.G.R Nagar Scheme in Greater Chennai Corporation Division No.37, Zone IV under HFA of PMAY (AHP) for Rs.40,40,75,000/-and quash the same and consequentially direct the 3rd Respondent to grant the same rates as in the impugned tender to the petitioner, allowing the petitioner to recommence the balance of works within a period of 15 months. For Petitioner : Mr.A.K.Sriram, Senior Counsel, for Ms.V.Shrivirudishni 4/8

For Respondents : Mr.V.Manoharan, Additional Government Pleader, for R1.

: Mr.R.Ramanlal, Additional Advocate General, Assisted by Mr.S.Karthikeyan,(TNUHDB), for R2 to R6

O R D E R

This writ petition is filed with a prayer to call for the records pertaining to the impugned Tender Notice vide Tender Reference No.TNUHDB/ 3090/D1/SE/(NC-II)/2020 dated 06.12.2024 for the Reconstruction of balance works in 288 tenements adopting type design 14 A (R)/ 2020, 14C / 2020 (Ground Plus 5 Storeys) including internal water supply, sanitary and electrification arrangements with development works at M.G.R Nagar Scheme in Greater Chennai Corporation Division No.37, Zone IV under HFA of PMAY (AHP) for Rs.40,40,75,000/-and quash the same and consequentially direct the 3rd Respondent to grant the same rates as in the impugned tender to the petitioner, allowing the petitioner to recommence the balance of works within a period of 15 months.

2. When the matter came up for hearing, the learned Additional Advocate General for the respondents 2 to 6 would also submit that already the proceedings of the tender is also completed and award has already been made in favour of a third party.

5/8

3. In respect of the petitioner itself, a showcause notice was issued and the same was challenged by the petitioner. The same was disposed of by an independent order in W.P.No.11662 of 2025 by giving opportunity to the petitioner to submit all his explanation.

4. In view thereof, when that is being considered by the respondents, the present prayer at this stage cannot be countenanced.

5. This writ petition stands disposed of, keeping open the liberty of the petitioner to agitate afresh, if necessary. No costs. Consequently, connected Miscellaneous Petition is closed.

01.04.2025 : No.

bsm To,

1. The Principal Secretary, Government of Tamil Nadu, 6/8

Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Chairman, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai (Near Vivekananda Mandapam), Chennai 600 005.

3. The Superintending Engineer, Tamil Nadu Urban Habitat Development Board, North Circle-II (A/c), New No.56, Old No.140 Santhome High Road, Chennai- 600 004.

4. The Executive Engineer, Division-II, Tamil Nadu Urban Habitat Development Board, Chennai- 600 039.

5. The Assistant Executive Engineer, Sub Division-I, Division-II, Tamil Nadu Urban Habitat Development Board, Chennai- 600 010.

6. The Assistant Engineer, Sub Division-I, Division-II, Tamil Nadu Urban Habitat Development Board, Chennai-600 010.

7. The Government Pleader, High Court, Madras. 7/8

D.BHARATHA CHAKRAVARTHY , J.

bsm 01.04.2025 8/8