M/S. Csb Construction v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN W.M.P(MD).Nos.603, 604, 606 and 607 of 2023 M/s.CSB Construction, Rep.by its Managing Partner, C.Boopathi, S/o.Chelliah ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Additional Chief Secretary, Highways and Minor Ports Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Chief Engineer (H), Nabard and Rural Roads Department, Chennai-600 005.

3.The Superintending Engineer, Highways, Nabard and Rural Roads Circle, Tiruchirappalli-620 020.

4.The Divisional Engineer(H), Trichy.

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5.Er.A.Sivakumar, M.E., Divisional Engineer (Highways), Trichy-620 020.

6.M/s.Sri Polinchi and Co., Rep.by its Managing Director, R.Malayappan, S/o.Raju 7.Jayakumar 8.M/s.RCK Infra Tech, Rep.by Managing Partner, Pudukottai.

9.S.Yohampal 10.Subramani ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order of "Not admitted" dated 04.01.2023 of the bid offered by the petitioner herein under Tender ID.No. 2022_HWAY_27200_2-Tender Ref.No.TN.No.16/2022-23/SDO/TRYNRR-Tender Title:Up-gradation of Minnathur-Ramuidayanpattai Road Km 0/0-1/800 and other similar works relating to upgradation of Maniyampallam road branch at Km.12/6-Kalabam Thavalaippalam Road km.0/0-1/700 Manemelkudi Road in Pudukottai District by informing that "Others-Bidder have not met the eligibility criteria prescribed in the special condition of tender document" and quash the same as arbitrary, 2/5

malafide and illegal and consequently direct the respondents to accept the tender of the petitioner.

For Petitioner : Mr.M.Rajarajan For Respondents : Mr.M.Muthu Vijayan Special Government Pleader for R1 to R4 Mr.P.Ganapathi Subramani for R7 No-appearance for R5 and R6

O R D E R

The learned counsel appearing for the petitioner made the following endorsement:

"Based on the instruction given by petitioner, I may be permitted withdraw the writ petition"

2. In view of the same, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

25.04.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To 1.The Government of Tamil Nadu, Rep.by its Additional Chief Secretary, Highways and Minor Ports Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Chief Engineer (H), Nabard and Rural Roads Department, Chennai-600 005.

3.The Superintending Engineer, Highways, Nabard and Rural Roads Circle, Tiruchirappalli-620 020.

4.The Divisional Engineer(H), Trichy.

5.Er.A.Sivakumar, M.E., Divisional Engineer (Highways), Trichy-620 020.

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C.V. KARTHIKEYAN, J.

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