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Madras High CourtWP/29278/2018dismissed for nonprosecution

M/S.Premier Garments Processing v. The Divisional Railway Manager

2021-12-06Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021 Coram THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.Nos.29278 of 2018 and W.M.P.Nos.34209 and 34213 of 2018 M/s. Premier Garments Processing, rep. by its Proprietor, Ibrahim Sha, No.29, Govindan Street, T.Nagar, Chennai - 17.

...Petitioner

Vs.

1. The Divisional Railway Manager, Southern Railway, Salem Division, Salem - 630 005.

2. The Senior Divisional Mechanical Engineer, Southern Railway, Salem - 630 005.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records, pertaining to the issuance of the tender notification, SA-M-09-2018, dated 13.07.2018, issued by the second respondent, and to quash the same.

For Petitioner :

No appearance For Respondents :

M/S.P.T.Ramkumar for Railway

O R D E R

The learned counsel for the respondents submits that the relief sought for, in this Writ Petition has become infructuous, as the tender notification, which is under challenge herein has been finalized and contract has already been awarded to the successful tenderer, viz., M/s.King Security Guards Services Pvt. Ltd., vide Letter of Acceptance, dated 29.10.2018, which was accepted by the said successful tenderer, vide letter, dated 30.10.2018 and commenced the work long before 19.11.2018. The https://hcservices.ecourts.gov.in/hcservices/

said fact has also been stated in the counter affidavit filed by the second respondent, dated 20.11.2018.

2. Though the name of the petitioner, M/s. Premier Garments Processing, is printed in the causelist, when the matter is taken up for hearing today, none appeared for the petitioner. Further, the learned counsel, who appeared for the petitioner earlier has already handed over entire case bundle to the client/petitioner and stated that they are no longer appearing for the petitioner, as could be seen from the Docket Order, dated 02.12.2021.

3. In view of the fact that the prayer sought for in this Writ Petition has become infructuous, the petitioner has not shown any interest either to engage any other counsel to prosecute the case or appeared in person. Therefore, this Writ Petition is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sd To

1. The Divisional Railway Manager, Southern Railway, Salem Division, Salem - 630 005.

2. The Senior Divisional Mechanical Engineer, Southern Railway, Salem - 630 005.

+1cc to Mr.P.T.Ramkumar, Advocate, S.R.No.64161 W.P.Nos.29278 of 2018 SR(CO) SU(11/01/2022) https://hcservices.ecourts.gov.in/hcservices/