Madras High Court/44074/2025disposed of with direction

C.Vadivelu v. Principal Secretary

2025-11-137 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.49183 & 49184 of 2025 C.Vadivelu ... Petitioner Vs.

1.The Principal Secretary, Water Resources Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2.The Principal Secretary, Finance Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

3.C.A.Rishab, IAS, Deputy Secretary to Government, Finance Department, Secretariat, Chennai-600 009.

4.The Engineer in Chief & Chief Engineer (General), Water Resources Department, Chepauk, Chennai-600 005.

5.The Chief Engineer, Water Resources Department, Chepauk Region, Chepauk, Chennai-600 005.

6.The Superintending Engineer, Water Resources Department, Vellar Basin Circle, Cuddalore-607 001.

7.The Executive Engineer, Water Resources Department, Vellar Basin Division, Virudhachalam Post & Taluk, Cuddalore-606 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the impugned email dated 10.11.2025 issued by the respondents 5 to 7 to the petitioner bearing Tender Reference No.shortterm/06/VBC/25-26 and quash the same and consequently, direct the respondents 5 to 7 to consider the petitioner's price tender application in the tender bearing Ref No:06/VBC/CUD/2025-26/DO1 dated 29.09.2025.

For Petitioner : Mr.Sathish Parasaran, Sr. counsel for Mr.M.Guberamoorthy For Respondents : Ms.S.Anitha, SGP

O R D E R

The impugned email dated 10.11.2025 issued by the respondents 5 to 7 to the petitioner bearing Tender Reference No.shortterm/06/VBC/25-26, is

put under challenge in the present Writ Petition. Consequently, the petitioner has sought for a direction to the respondents 5 to 7 to consider the petitioner's price tender application in the tender bearing Ref No:06/VBC/CUD/2025-26/DO1 dated 29.09.2025.

2. Heard the learned Senior counsel appearing on behalf of the petitioner as well as the learned Special Government Pleader for the respondents. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. The learned Senior counsel appearing on behalf of the petitioner submitted that the petitioner has participated in the tender for the work titled "Rehabilitation and Improvement of Willingdon Reservoir Bund and Main Canal in Tittakudi Taluk, Cuddalore District", for which the completion period is 24 months from the date of handing over the site to the contractor and the earnest money deposit of the tender was fixed at Rs.62,40,000/- and the last date of submission was 17.10.2025. He also submitted that due to non issuance of certificate by the sixth respondent, he was disqualified, for which he has approached this Court by way of a writ petition in W.P.No.42689 of 2025, seeking a direction to accept his tender application

without the necessary certificate and by the order of this Court dated 07.11.2025, the respondent concerned issued the necessary certificate and subsequently, his tender application was accepted and taken for evaluation, however, the same was rejected on the same day and communicated to the petitioner through email on 10.11.2025.

4. Continuing his arguments, the learned Senior counsel submitted that the petitioner has preferred an appeal along with interim application against the rejection of his tender application in terms of Section 11(1) of the Tamil Nadu Transparency in Tenders Act, 1998. He further submitted that it would suffice to direct the first respondent to dispose of the appeal filed by the petitioner dated 12.11.2025, within the prescribed time.

5. Considering the submissions made by the learned Senior counsel for the petitioner, this Court directs the first respondent to consider and dispose of the appeal filed by the petitioner dated 12.11.2025 on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no orders as to costs.

13.11.2025 Index: Yes/No NCC : Yes/No Order : Speaking/Non Speaking DP

To 1.The Principal Secretary, Water Resources Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.