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Madras High CourtWP/41646/2025disposed of with direction

V. Chandrasekar v. State Of Tamilnadu

2025-10-31Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.46676 of 2025 V.Chandrasekar ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2.The Superintending Engineer, Highways (C&M), Chennai Circle, No.299, Anna Salai, Chennai - 600 006.

3.The Divisional Engineer (H) (C&M), Thiruvallur Division, Thiruvallur.

4.The Divisional Engineer (H), Quality Control Division, Guindy, Chennai - 25.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to Page No.1 of 6

dispose the stay application filed along with the appeal dated 25.10.2025 filed against the order of rejection of the bids of the petitioner in respect of works in S.Nos.1, 2 & 5 of the Tender Notice No.50/2025-2026/HDO dated 20.09.2025 on the file of the 2nd respondent till such time to stay of all further proceedings either issuance of letter of acceptance or issuing working order or entering agreement of contract with others in respect of the works in S.Nos.1, 2 & 5 of the Tender Notice No.50/2025-2026/HDO dated 20.09.2025 on the file of the 2nd respondent. For Petitioner : Mr.V.Elangovan For Respondents : Ms.S.Anitha Special Government Pleader *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the 1st respondent to dispose the stay application filed along with the appeal dated 25.10.2025 filed against the order of rejection of the bids of the petitioner in respect of works in S.Nos.1, 2 & 5 of the Tender Notice No.50/2025-2026/HDO dated 20.09.2025 on the file of the 2nd respondent till such time to stay of all further proceedings either issuance of letter of acceptance or issuing working order or entering agreement of contract with others in respect of the works in S.Nos.1, 2 & 5 of the Tender Notice No.50/2025-2026/HDO dated 20.09.2025 on the file of the 2nd respondent. Page No.2 of 6

2. Ms.S.Anitha, learned Special Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he is a Class - I Contractor under the Highways Department and experienced in all road works. Whileso, the 1st respondent has issued tender notification in Tender Notice No.50/2025-2026/HDO dated 20.09.2025 and the petitioner also participated in the tender. However, the petitioner's bid was rejected by the 2nd respondent, against which, on 25.10.2025, he preferred an appeal u/s 11(1) of the Tamil Nadu Transparency in Tenders Act, 1998 (in short 'the Act') along with a stay petition u/s 11(4) of the Act. However, till date, no order was passed on the stay petition. Hence, the petitioner has filed this writ petition before this Court for appropriate orders.

4. Though very many grounds have been raised in this writ petition, learned counsel appearing for the petitioner submits that, it would suffice, if this Court issues a direction to the 1st respondent to dispose the stay application filed along with the appeal dated 25.10.2025 Page No.3 of 6

filed against the order of rejection of the petitioner's bids, within a time frame that may be fixed by this Court.

5. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent to dispose of the appeal as well as the stay application filed by the petitioner, dated 25.10.2025, on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 31.10.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Principal Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2.The Superintending Engineer, Highways (C&M), Chennai Circle, No.299, Anna Salai, Chennai - 600 006.

3.The Divisional Engineer (H) (C&M), Thiruvallur Division, Thiruvallur.

4.The Divisional Engineer (H), Quality Control Division, Guindy, Chennai - 25.

Page No.5 of 6

M.DHANDAPANI, J.

sp 31.10.2025 Page No.6 of 6