Rajalakshmi.S v. The Commissioner Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.2072 of 2021 S.Rajalakshmi

...Petitioner

/Vs./ 1.The Commissionerate of Municipal Administration, Urban Administrative Building, Santhome High Road, M.R.C.Nagar, Raja Annamalaipuram, Chennai - 28.

2.The Regional Director of Municipal Administration, Madurai Region, Madurai.

3.The Commissioner, Bodinayakanur Municipality, Bodinayakanur.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from floating a single tender relating with the works in the Municipalities by converting the several works into a single unit.

For Petitioner : Mr.Suriya Narayanan For Respondents : Mr.A.K.Manikkam (R1 & R2) Special Government Pleader Mr.A.Kannan (R3) Standing Counsel 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus forbearing the respondents from floating single tender relating to the works given on contract by the Municipality and for direction to the Municipality to segregate the works and to enable the contractors to participate in the tender.

2. When the matter was taken up for hearing, it was brought to the notice of this Court that the contract was already awarded and the work has also been completed.

3. The grievance expressed by the petitioner is not confined to a single contract and has a larger interest, where small contractors want the work to be properly segregated and not to be grouped and given as a single contract, since only big contractors will be able to undertake such work. This issue has also been dealt with by the learned Single Judge in the case of A.Karuppasamy vs. State of TamilNadu, Rep. By its Secretary to Government, Public Works Department, Secretariat, Chennai, and others in WP(MD)No.3519 of 2020 dated 27.07.2020.

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4. The third respondent shall keep in mind the above order passed by this Court and proceed further to issue tender notification.

5. This writ petition is disposed in the above terms. No costs. 11.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The Commissionerate of Municipal Administration, Urban Administrative Building, Santhome High Road, M.R.C.Nagar, Raja Annamalaipuram, Chennai - 28.

2.The Regional Director of Municipal Administration, Madurai Region, Madurai.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.2072 of 2021 Dated:

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