Madras High CourtWP(MD)/2758/2021disposed of

Rajalakshmi.S v. The District Collector

2023-10-11Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.2255 of 2021 S.Rajalakshmi .. Petitioner

Versus

1.The District Collector, Theni District, Theni.

2.The Project Director, District Rural Development Agency, Theni District.

3.The Commissioner / BDO, Theni Panchayat Union, Theni.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct a detailed enquiry on the petitioner's representation dated 26.01.2021 and cancel the works allotted illegally by the third respondent without following the procedures and then direct him to call for a fresh tender by following the procedures in Tamilnadu Transparency in Tender Act and its Rules.

For Petitioner :

Mr.R.Suriyanarayanan For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 and 2 to conduct an enquiry based on the representation made by the petitioner on 26.01.2021 and to cancel the work allotted by the third respondent.

2. The grievance of the petitioner is that every time when the tender notification is issued by the third respondent, only a particular set of contractors are being given the tender forms and others are not even permitted to participate in the tender and no applications are given to them. Accordingly, the third respondent had proceeded to allot the tender in favour of a particular contractor and the same has been termed by the petitioner as illegal and the petitioner wants the work order to be cancelled.

3. When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents submitted that the work that was allotted in favour of the highest bidder has already been completed.

4. In view of the above, the relief sought for by the petitioner cannot be granted by this Court. The third respondent shall ensure that every time when 2/4

a tender notification is issued, all the eligible contractors shall be allowed to participate in the same and cartelisation shall be avoided.

5. This Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 11.10.2023 Index : Yes/No smn2 To 1.The District Collector, Theni District, Theni.

2.The Project Director, District Rural Development Agency, Theni District.

3.The Commissioner / BDO, Theni Panchayat Union, Theni.

3/4

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.2758 of 2021 and W.M.P.(MD)No.2255 of 2021 11.10.2023 4/4