Madras High CourtWP(MD)/2704/2018dismissed

Dharani Hi-Tech Projects Pvt v. The District Collector,

2018-05-31Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.2704 of 2018 and W.M.P(MD)Nos.2878 and 2879 of 2018 M/s.Dharani Hi-Tech Projects Pvt. Ltd., rep. by its Authorized Representative, S.Veera Sekar, No.3/25, Thatchamalli, Vilanoor Post, Avudaiyar Koil Taluk, Pudukottai - 614 618.

: Petitioner Vs.

1. The District Collector/Chairman, DRDA, Pudukottai, Pudukottai District.

2. The Project Director, DRDA, Pudukottai, Pudukottai District.

3. The Executive Engineer, DRDA, Pudukottai, Pudukottai District.

4. The Account Officer, DRDA, Pudukottai, Pudukottai District.

5. The Block Development Officer, (Village Panchayat), Aavudaiyar Kovil Panchayat Union, Aavudaiyar, Pudukottai District.

6.K.Manikandan 7.A.G.Sethuraman : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned NABARD XXIII-2017-18 report based on online (E-tender website) Evaluation report (Package No.03) Avudaiyarkoil Block, issued by the

respondents 1 to 4 dated 05.02.2018 and the impugned tender summary report issued by the first respondent in his proceedings dated 07.02.2018 and quash the same in respect of rejecting the technical bid of the petitioner and accepting the technical bid of the 6th respondent and consequently directing the respondents 1 and 2 to accept the technical bid of the petitioner for the work namely, strengthening the road from Avudaiyarkoil Block in Package No.03 of Pudukottai District under NABARD RIDF - XXIII (2017-18) Tranche.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.K.Chellapandian, 1 to 5 Additional Advocate General assisted by Mr.VR.Shanmuganathan, Special Government Pleader.

For Respondents 6 & 7 : No appearance

O R D E R

Heard the learned counsel appearing for the petitioner as well as the learned Additional Advocate General appearing for the respondents 1 to 5.

2.The petitioner has come up with the present writ petition for a writ of certiorarified mandamus praying to call for the records relating to the impugned NABARD XXIII-2017-18 report based on online (E-tender website) Evaluation report (Package No.03) Avudaiyarkoil Block, issued by the respondents 1 to 4, dated 05.02.2018 and the impugned tender summary report issued by the first respondent, vide his proceedings, dated 07.02.2018 and quash the same in respect of rejecting the technical bid of the petitioner and accepting the technical bid of the 6th respondent and consequently to direct the respondents 1 and 2 to accept the technical bid of the petitioner for the work namely, strengthening the road from Avudaiyarkoil Block in Package No.03 of Pudukottai District under NABARD RIDF - XXIII (2017-18) Tranche. 3.

Today, when the matter is taken up for hearing, the learned Additional Advocate General appearing for the respondents 1 to 5 represented that the respondents 1 to 5 are going to cancel the tender notification, impugned in this writ petition and also going to issue a fresh tender notification for the said work and due to the pendency of the present writ petition, they are unable to cancel the impugned tender notification.

4.The learned counsel appearing for the petitioner has not disputed the said submission.

5.Recording the submission made on the side of the respondents 1 to 5, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To